CEDH · CASELAW;COMMUNICATEDCASES;ENG — 7 février 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .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 } Published on 24 February 2025   SECOND SECTION Application no. 25827/23 Metin ÜNAL against Türkiye lodged on 14 June 2023 communicated on 7 February 2025 SUBJECT MATTER OF THE CASE The application concerns an alleged violation of the applicant’s right of access to a court under Article 6 § 1 of the Convention, stemming from the Constitutional Court’s interpretation of the statutory thirty-day time-limit for lodging applications, which led to the dismissal of his individual application as being out of time. Additionally, under the same provision, the application concerns an alleged violation of the applicant’s right to a trial within a reasonable time, given that the proceedings before the domestic courts lasted approximately ten years at two levels of jurisdiction. The applicant initiated civil proceedings on 7 June 2012, which were dismissed by the Ankara Civil Court on 3 November 2021, with the decision being subject to appeal within 15 days of its notification. On 28   February 2022, before being notified of the decision, the applicant filed a complaint with the Turkish Constitutional Court regarding the excessive length of the proceedings. The decision of the Ankara Civil Court was subsequently notified to him on 14   March 2022. Despite having filed an appeal with the Court of Cassation against the decision of the Ankara Civil Court, the applicant later withdrew the appeal to expedite the resolution of the case. As a result, the case became final on 30   June 2022. Ultimately, on 22 March 2023, the Constitutional Court dismissed his individual application for failure to comply with the thirty-day time-limit, noting that the applicant’s representative had been aware of the Ankara Civil Court’s decision since 16   December 2021 via the National Judicial Network system (UYAP). The applicant claims that the Constitutional Court erroneously regarded the first-instance court’s decision as final for the purpose of calculating the time-limits, following his withdrawal of the appeal. He maintains that, at the time of filing his application with the Constitutional Court, the decision was still subject to appeal, which he had indeed lodged after applying to the Constitutional Court. He asserts that this approach breached his right of access to a court. Additionally, he complains of the excessive length of the proceedings. QUESTIONS TO THE PARTIES 1.     Has there been a breach of the applicant’s right of access to a court on account of the Constitutional Court’s decision dated 22 March 2023 whereby his individual application was found inadmissible owing to his alleged non-compliance with the thirty-day time-limit for lodging applications (see, mutatis mutandis ,   Üçdağ v. Turkey , no.   23314/19, §§   37 ‑ 40, 31 August 2021)?   2.     Was the length of the proceedings in the present case in breach of the “reasonable time” requirement laid down in Article 6 § 1 of the Convention (see, among others, Lupeni Greek Catholic Parish and Others v.   Romania [GC], no. 76943/11, §§ 142-143, 29   November 2016)?