land in 1974 could justify the complete negation of the applicant's property rights in the form of a total and continuous denial of access and a purported expropriation without compensation.
Nor can the fact that property rights were the subject of intercommunal talks involving both communities in Cyprus provide a justification for this situation under the Convention.
In such circumstances, the Court concludes that there has been and continues to be a breach of Article 1 of Protocol No. 1 (P1-1).
III. Alleged violation of Article 8 of the Convention
(art. 8)
65. The applicant also alleged an unjustified interference with the right to respect for her home in violation of Article 8 of the Convention (art. 8), paragraph 1 of which (art. 8-1) provides, inter alia, that:
"Everyone has the right to respect for ... his home ..."
In this respect she underlined that she had grown up in Kyrenia where her family had lived for generations and where her father and grandfather had been respected medical practitioners. She conceded that after her marriage in 1972 she had moved to Nicosia and had made her home there ever since. However, she had planned to live in one of the flats whose construction had begun at the time of the Turkish occupation of northern Cyprus in 1974 (see paragraph 12 above). As a result, it had been impossible to complete the work and subsequent events had prevented her from returning to live in what she considered as her home town.
66. The Court observes that the applicant did not have her home on the land in question. In its opinion it would strain the meaning of the notion "home" in Article 8 (art. 8) to extend it to comprise property on which it is planned to build a house for residential purposes. Nor can that term be interpreted to cover an area of a State where one has grown up and where the family has its roots but where one no longer lives.
Accordingly, there has been no interference with the applicant's rights under Article 8 (art. 8).
IV. Application of Article 50 of the Convention (art. 50)
67. Article 50 of the Convention (art. 50) provides as follows:
"If the Court finds that a decision or a measure taken by a legal authority or any other authority of a High Contracting Party is completely or partially in conflict with the obligations arising from the ... Convention, and if the internal law of the said Party allows only partial reparation to be made for the consequences of this decision or measure, the decision of the Court shall, if necessary, afford just satisfaction to the injured party."
68. In her memorial the applicant outlined the following claims under this head: (a) compensation for pecuniary damage - loss of income from the land since January 1987: 531,900 Cyprus pounds; (b) compensation for non-pecuniary damage - punitive damages to the same amount as claimed for pecuniary damage; (c) to be allowed to exercise her rights under Article 1 of Protocol No. 1 (P1-1) freely in the future; and (d) a non-specified amount in respect of costs and expenses.
In their memorial the Turkish Government have not commented on the issues thus raised. Neither have these issues been discussed by those appearing before the Court at its hearing on the merits.
69. Under these circumstances the Court, taking into account the exceptional nature of the case, considers that the question of the application of Article 50 (art. 50) is not ready for decision. The question must accordingly be reserved and the further procedure fixed with due regard to the possibility of agreement being reached between the Turkish Government and the applicant.
FOR THESE REASONS, THE COURT
1. Dismisses by eleven votes to six the preliminary objection ratione temporis;
2. Holds by eleven votes to six that
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