Supreme Court of the Republic of Turkey
8. Law Office
Basis: 2016/9690
Decision: 2016/10437
Decision Date: 14.06.2016
PROCEDURE ACTION – WARRANTIES OF THE VALUE OF THE PROPERTY OR RIGHT RESERVED BY THE EXECUTIVE COURT DECISION FOR APPLICABLE EXECUTION IN FOLLOW-UP DECISIONS RELATING TO RECRUITMENT ACTIONS
SUMMARY: According to the special regulation, the value of the property or the right to which the execution court’s decision is related must exceed the determined amount, so the appeal petition has to be rejected in order to be able to make an appeal review in the remuneration cases and the follow-up decisions regarding the remuneration cases.
(2004 S. K. art. 363, 365, Annex art. 1) (213 S. K. art. 298)
Case and Decision: Upon the request of the appellant, upon the request of the appellant, within the timeframe of the Court’s decision with the date and number written above, the file regarding this matter was sent to the Chamber from the place of the case. discussed and considered:
According to the provision of Article 363 of the Execution and Bankruptcy Law No. 2004, amended by Article 101 of the Law No. 4949; In order to appeal the decisions to be taken by the enforcement courts after the date of 30.07.2003, when the law entered into force, the value of the case subject to appeal must exceed 2,000,00 TL.
Pursuant to the Additional Article 1 added to the EBL with Article 102 of the Law No. 4949; This monetary limit is applied by increasing the monetary limits applied in the previous year at the rate of re-evaluation determined and announced by the Ministry of Finance every year in accordance with the repetitive article 298 of the Tax Procedure Law No. 213, effective from the beginning of each calendar year. The parts of the limits determined in this way that do not exceed ten million TL (10.00 TL) are not taken into account.
Accordingly, when the calculation is made, in order to appeal the decisions to be made by the enforcement courts in 2016, the subject of the appeal must be above 6.310.00 TL.
363/1 of the İİK. According to the special regulation in the last sentence of the same paragraph, the value of the property or right to which the decision of the enforcement court is related must exceed this determined amount in order to make an appeal review in the remuneration cases, which are among the decisions that can be appealed in subparagraph (7) of the article.
In the concrete case, the value of the objections subject to appeal is below 6.310.00 TL.
In this case, since the provision is final, the appeal must be rejected.
Conclusion: For the above reasons, the petition of appeal was REJECTED pursuant to Articles 363, 365/3 Annex 1 of the EBL, and 366/3 of the EBL by the parties. In accordance with the article, it is stated that a request for correction of the decision can be made within 10 days from the notification of the Supreme Court Chamber’s decision. It was unanimously decided on 14.06.2016 that the appeal fee be returned to the appellant.
