5.  The applicant was born in 1952 and lives in Adana. 6.  On 14 October 1999 he had cataract surgery in a hospital belonging to the Social Security Agency. Upon discomfort which emerged straight after the operation, he applied to the hospital where he was operated on and found out that the reason for his complaints was that the operation had not been conducted under the necessary hygienic conditions. 7.  On 17 November 2000 he brought a civil case against the Social Security Agency before the Adana 5th Civil Court of General Jurisdiction and claimed damages. 8.  On 23 August 2001 the civil court decided that the case was not within its jurisdiction and sent it to the Adana 2nd Labour Court. 9.  On 1 June 2001 the applicant brought a new case directly before the labour court in claim of damages. The labour court decided that both cases were out of its jurisdiction since they were not of a labour case nature. Pursuant to the Code of civil procedure, the first case was sent to the Court of Cassation for the conflict of jurisdiction between a general civil court and a labour court. Meanwhile the proceedings of the second case before the labour court were suspended until the decision of the Court of Cassation was delivered. 10.  From 21 January 2002 to 3 October 2002 the case was sent from one chamber to another due to the conflict of authority among the chambers of the Court of Cassation. 11.  On 24 April 2003 upon the decision of the Court of Cassation authorizing general civil courts over the case, the two cases were joined before the Adana 5th Civil Court of General Jurisdiction. 12.  On 1 February 2006 the Civil Court of General Jurisdiction rendered its first decision. 13.  On 2 May 2007 the Court of Cassation quashed that decision. 14.  In the course of the proceedings after the Court of Cassation quashed the decision, the Social Security Agency was attached to the Ministry of Health. 15.  On 30 July 2008 the civil court decided that the case was out of its jurisdiction since the other party had become an administrative body. That decision was not appealed by the parties. 16.   On 23 October 2008 upon the decision of the civil court the applicant brought an administrative case against the Ministry of Health requesting damages. 17.  The administrative case was still pending before the Adana 1st Administrative Court at the time of the decision.