ATTORNEY FEE TO BE CALCULATED IN CASE OF TOTAL REJECTION OF THE MATERIAL COMPENSATION CASE.
In case of total rejection, the attorney fee is determined on the basis of the fixed fees in the second part of the second part of the tariff. 100.000 TL in the event of a complete rejection of a lawsuit in the amount of TL, the attorney fee of the opposing party is determined as 3.400 TL if it is the Civil Court of First Instance.
In the event of a complete rejection of the lawsuit filed in the amount of 500 TL, the entire attorney fee tariff will be calculated over the Civil Court of First Instance 3400 TL.
ARTICLE 13 OF THE LAW IS ALSO APPLIED IN CASE OF PROCEDURAL REJECTION.
SUMMARY: In the procedural dismissal of the labour receivable case with a case value of 50-TL due to “pendency” in accordance with Article 114/1-I and Article 115/2 of the CCP, the attorney fee … the attorney fee awarded cannot exceed the amount accepted or rejected … in favour of the defendant who represented himself by proxy in the proceedings, an attorney fee of 50.00 TL should be awarded in terms of the rejected part.
SUMMARY: Paragraph 11 of the judgement subject to appeal, which reads “To collect the attorney’s fee of 1.800,00 TL from the plaintiff and to give it to the defendant according to the Attorney’s Minimum Fee Tariff in force on the date of the decision,” shall be removed from the judgement and replaced with the numbers and words “To collect the attorney’s fee of 50,00 TL from the plaintiff and to give it to the defendant according to the Attorney’s Minimum Fee Tariff in force on the date of the decision. It was unanimously decided on 14.11.2019 to remove the subparagraph 11 from the judgment and replace it with the numbers and words “To collect the attorney’s fee of 50,00 TL from the plaintiff and to award it to the defendant according to the Attorney Minimum Fee Tariff in force on the date of the decision”, to confirm the decision as amended, to return the prepaid appeal fee to the plaintiff upon request, and to charge the following appeal expenses to the defendant from the appellants. 22nd Civil Chamber of the Court of Cassation Main: 2017/ 24904 Decision: 2019 / 21234 Date of Decision: 14.11.2019
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