CEDH · CASELAW;COMMUNICATEDCASES;ENG — 19 novembre 2019

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } Communicated on 19 November 2019   SECOND SECTION Application no. 75651/14 Fehmi ŞEN against Turkey lodged on 29 November 2014 SUBJECT MATTER OF THE CASE The application essentially concerns a judicial practice of the civil courts, in the context of expropriation proceedings, to order the parties to pay a lump sum to the opposing party in respect of legal fees and the failure to apply interest to the amounts which they award. As regards the order to pay legal fees to the opposing party, namely the administration, the applicant complains that such an order decreased the expropriation indemnity awarded to him notwithstanding the fact that he had no responsibility in the initiation of proceedings regarding the determination of the expropriation compensation. As regards the lack of interest, the applicant argues that he suffered a financial loss, caused by the depreciation of the compensation awarded, due to the length of domestic proceedings. The applicant complains of a violation of Article 6 of the Convention and Article 1 of Protocol   No.   1. QUESTION TO THE PARTIES Has there been a violation of the applicant’s right to peaceful enjoyment of his possessions within the meaning of Article 1 of Protocol No. 1 to the Convention? In particular, in the light of the Court’s findings in the cases of Dökmeci v. Turkey (no. 74155/14, 6   December 2016), and Musa Tarhan v.   Turkey (no.   12055/17 , 23 October 2018) did the applicant suffer an excessive individual burden?