Events
In the lawsuit filed by the Applicant Company for the cancellation of the objection arising from the commercial service contract, the court decided to cancel the objection and to continue the proceedings. The applicant made an individual application on 24/2/2020, claiming that the reasoned decision was not written despite the elapsed time. The Court issued the reasoned decision on 20/3/2020. The decision was notified to the parties and finalised upon the non-application of the legal remedy of appeal.
Allegations
The applicant claimed that his right to be tried within a reasonable time was violated due to the late writing of the reasoned decision in the case he filed for the cancellation of the objection.
Assessment of the Court
One of the most important stages in the applicant’s ability to benefit from the results of the action for cancellation of the objection is the drafting of the reasoned judgement. This obligation belongs to the court, regardless of the applicant’s request, behaviour or responsibility. In the case subject to the application, it is understood that the proceedings lasted 3 years, 5 months and 23 days in the one-tier judicial system. The case subject to the application is far from being complex when criteria such as the difficulty in solving the legal issue, the complexity of the material events, the obstacles encountered in the collection of evidence, and the number of parties are taken into consideration. In addition, as a result of seven hearings in the trial, although the short judgement was delivered 2 years after the case was filed, a period of 1 year and 1 month elapsed from the date of delivery until the reasoned judgement was written. This situation alone caused the trial process to be prolonged.
The Constitutional Court decided that the right to be tried within a reasonable time was violated for the reasons explained.
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