Religion – Weltanschauung – Recht [ RWR ]

The applicant association, the Arnavutkoy Greek Orthodox Taksiarhis Church Foundation (Arnavutköy Taksiarhis Rum Kilisesi Vakfı), is one of the foundations under Turkish law of the Greek Orthodox Community of Istanbul. The case concerns judicial proceedings leading to a refusal to register property which, according to the applicant foundation, had been in its continuous possession for a long period and had been mentioned in a declaration of 1936, its founding document.

Relying on Article 1 of Protocol No. 1 (protection of property) to the European Convention the applicant foundation alleges that the national authorities breached its right to the peaceful enjoyment of its possessions. Under Article 14 (prohibition of discrimination) of the Convention, taken together with Article 1 of Protocol No. 1 (protection of property), it argues that the dismissal of its request to obtain a deed proving its ownership of property which appeared in its 1936 declaration constitutes discrimination in relation to other foundations.

• Violation of Article 1 of Protocol No. 1

Just satisfaction

• non-pecuniary damage: € 5,000
• costs and expenses: € 5,000

Press release ECHR 360 (2022) 15.11.2022