T.R. SUPREME COURT
- Law Office
Basis: 2016/10162
Decision: 2016/10473
Decision Date: 14.06.2016
CASE CAUSED BY FOREWORD – APPEAL EXAMINATION CAN BE MADE, THAT THE VALUE OF THE PROPERTY OR RIGHT REFERRED BY THE EXECUTIVE COURT DECISION CANNOT EXCEED THE DETERMINED AMOUNT – RESERVED PROPERTY VALUE OF THE PROPERTY
SUMMARY: In accordance with the 1st article of the EHR Annex; 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 repeated article of the Law No. 213, effective from the beginning of each calendar year. The parts of the limits determined in this way that do not exceed …. are not taken into account. When the calculation is made, the subject of appeal must be above ….TL in order for the decisions to be taken by the enforcement courts in 2016 to be appealed. 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 concerned must exceed this determined amount in order to conduct an appeal review in the remuneration cases and the follow-up decisions regarding the remuneration cases, the article of which is counted among the decisions that can be appealed. …TL. In this case, since the judgment is final, the appeal petition must be rejected.
(2004 S. K. art. 363, 365, 366, 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 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.
According to this, when the calculation is made, the subject of the appeal must be above 6.310.00 TL in order to appeal the decisions to be made by the enforcement courts in 2016.
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 amount, in order to conduct 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 petition must be rejected.
Conclusion: For the above reasons, the appeal petition was REJECTED pursuant to Articles 363, 365/3 Annex 1 of the EBL, and 366/3 of the EBL by the parties. According to the article, it is possible to make a request for correction of the decision against the decision 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.
