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).
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