19 nov. 2012
ECtHR enforces the restitution of Kentbank SA, Süzer et al. v Turkey, 6334/05
Mr. Mustafa Süzer and Eksen Holding SA owned by him controlled 99 % of the Kentbank capital (§ 5). It was 22nd biggest Turkish bank employing 2000 people in its 93 branches. On 01/02/2001 the Turkish Agency for Regulation and Supervision of Banks accused the bank of $ 680 750 000 debt (active/capital ration of –56,67 %). On 09/07/2001 Kentbank was taken from the owners by the Agency and transferred to FADE (a savings insurance foundation, §§ 11-12).
Already at the national level, the Turkish State Council judged that the transfer was illegal (§ 63) but the administration was not enthusiastic about the restitution. Thus I wouldn’t call the proceedings difficult. The ECtHR reconfirmed the property rights and the right to restitution. The pecuniary damage proceedings will continue.
Mr. Süzer asked an official excuse from the Government as a non-pecuniary redress. The Court replied that it cannot give this kind of directives to the State and dismissed the request (§§ 177, 179).
The Applicant claimed € 722 711 for legal costs but the Strasbourg Court reduced it by € 241 136.94 (§ 193).