Labor, Civil Court, Commercial Court, Cadastre, Civil Court, Consumer Courts – As of January 1, 2018
Appeal limit: 3,560 TL
Appeal limit: 47,530 TL
However, decisions in non-pecuniary damages cases may be appealed, regardless of the amount or value.
(Between January 1, 2017, and December 31, 2018, the appeal limit was 3,110 TL, and the appeal limit was 41,530 TL; between December 2, 2016, and December 31, 2017, the appeal limit was 3,000 TL, and the appeal limit was 40,000 TL.)
However, decisions in non-pecuniary damages cases may be appealed, regardless of the amount or value.
Enforcement Civil Court – As of January 1, 2018
Appeal limit: 8,310 TL
Appeal limit: 40,000 TL
(Between January 1, 2017 and December 31, 2018, the appeal limit was 7,260 TL and the appeal limit was 40,000 TL; between December 2, 2016 and December 31, 2017, the appeal limit was 7,000 TL and the appeal limit was 40,000 TL.)
The current legislation, with the amendments incorporated into the article texts, is as follows:
CODE OF CIVIL PROCEDURE NO. 6100
Decisions subject to appeal
Article No. 341
(1) Final decisions rendered by first-instance courts, rejection of requests for interim measures and provisional seizure, and acceptance of these requests In such cases, an appeal may be filed against decisions rendered upon objection.
(2) Decisions regarding property cases whose amount or value does not exceed three thousand Turkish Lira are final. (Additional sentence: 24/11/2016-6763/41 art.) However, an appeal may be filed against decisions rendered in non-pecuniary damages cases, regardless of the amount or value. (1)
(3) If a portion of the claim is filed, the finality limit of three thousand Turkish Lira is determined based on the entire claim. (1)
(4) If the entire claim is filed, the party whose primary claim is not accepted in the decision does not exceed three thousand Turkish Lira may not file an appeal. (1)
(5) Final decisions of first instance courts regarding cases and matters falling within the jurisdiction of regional courts of justice, which are stipulated in other laws as subject to appeal or appeal to the Supreme Court of Appeals, may be filed with the regional courts of justice.
Decisions that cannot be appealed
Article No: 362
(1) No appeal may be filed against the following decisions of the regional courts of justice:
a) Decisions concerning cases whose amount or value does not exceed forty thousand Turkish Lira (inclusive). (1)
b) Decisions concerning cases specified in Article 4 and cases specified in special laws as falling within the jurisdiction of the civil court of peace (excluding cases arising from Law No. 634 on Condominium Ownership dated June 23, 1965 and concerning the in-kind property of the property).
c) Decisions rendered to resolve jurisdictional and jurisdictional disputes between first-instance courts within the jurisdiction, and decisions regarding the assignment of jurisdiction.
ç) Decisions rendered in non-contentious litigation.
d) Decisions concerning cases concerning the correction of population records, excluding cases involving paternity.
e) Decisions regarding the transfer of the case to another court within the jurisdiction in the event that the judges of the first instance courts within the jurisdiction are legally or de facto prevented from hearing the case.
f) Decisions regarding temporary legal protections.
(2) In the decisions in subparagraph (a) of the first paragraph, if a portion of the receivable is claimed, the finality limit of forty thousand Turkish Lira is determined based on the entire receivable. If the entire receivable is claimed, the party whose primary claim is not accepted in the decision does not have the right to appeal. However, if the opposing party files an appeal, the other party may also appeal the decision by filing a response petition. (1)
TEMPORARY ARTICLE 3 – (Added: 31/3/2011-6217/30 art.)
(1) Until the commencement of the regional courts of justice, as per the provisional Article 2 of Law No. 5235 dated September 26, 2004, on the Establishment, Duties, and Powers of First Instance Courts of Judiciary and Regional Courts of Justice, to be announced in the Official Gazette, the current provisions of Law No. 1086 regarding appeals shall continue to apply.
(2) Regarding decisions against which an appeal has been filed before the commencement of the regional courts of justice, the provisions of Articles 427 to 454 of Law No. 1086, prior to the amendment made by Law No. 5236 dated September 26, 2004, shall continue to apply until they become final. (3) In cases where duties are assigned to regional courts of justice in this Law, the provisions of Law No. 1086 that are not contrary to this Law shall apply until the date on which these courts begin their duties.Increasing Monetary Limits
Article No: SUPPLEMENTARY ARTICLE 1
(Added: 24/11/2016-6763/44 art.)(1) The monetary limits in Articles 200, 201, 341, 362, and 369 shall be applied, effective from the beginning of each calendar year, by increasing the monetary limits applied in the previous year by the revaluation rate determined and announced annually by the Ministry of Finance in accordance with the provisions of Article 298 bis of the Tax Procedure Law No. 213 dated 4/1/1961 for that year. Portions of the limits determined in this manner that do not exceed ten Turkish lira shall not be taken into account. (2) In applying the monetary limits in Articles 200 and 201, the amount on the date of the legal transaction is taken into account, and in applying the monetary limits in Articles 341, 362, and 369, the amount on the date of the judgment is taken into account.
ENFORCEMENT AND BANKRUPTCY LAW NO. 2004
Appeal and review
Article No. 363
(Amended: 2/3/2005-5311/24 art.) The application of Article 85 by the enforcement court, the attorney fee calculated by the enforcement office, the application of Article 103 and the content of the invitation issued under this article, the trustee fee, the replacement of the trustee, the method of preserving seized movable property, complaints regarding valuation, the deposit of security for participation in the tender and the amount of security, the suspension of the sale, the cancellation of the sale announcement, the cancellation of the sale due to failure to request a sale within the time limit, the application of Article 263, the establishment of the bankruptcy administration, the bill of account for the fees and expenses of the bankruptcy administrator against the decisions of the enforcement court based on complaints regarding the bankruptcy administration’s proceedings, and the decisions regarding the suspension of enforcement pursuant to Article 36. An appeal may be filed against decisions other than those mentioned above, provided that the value or amount of the receivable, right, or property to which it relates exceeds seven thousand Turkish lira. The appeal period is ten days from the date of notification or declaration. (2) If it is determined that an appeal was filed in bad faith, such as by prolonging proceedings against enforcement court decisions, the provision of Article 422 of the Code of Civil Procedure shall apply.
The provision of the above paragraph shall also apply to those who file an appeal in bad faith against a final decision.
An appeal shall not stay enforcement proceedings other than sales. Documents required for the continuation of enforcement proceedings shall be retained, and copies of these shall be included in the file to be sent to the regional court of justice.
Appeal and Review
Article No: 364
(Amended: 2/3/2005-5311/25 Art.) Appeals may be filed against final decisions rendered by the civil chambers of the regional court of justice exceeding forty thousand Turkish lira.
Appeals and review of the above-mentioned decisions shall be made in accordance with the provisions of the Code of Civil Procedure. In such cases, the provisions of the second and third paragraphs of Article 363 shall apply.
Appeals shall not stay enforcement proceedings other than sales.
(Increase in the monetary limits in Articles 119, 226, 326, and 363)
Article No: Additional Article 1 (Added: 17/7/2003-4949/102 Art.)
The monetary limits in Articles 119, 226, 326, and 363 of this Law; The monetary limits applied in the previous year shall be increased annually by the Ministry of Finance, effective from the beginning of each calendar year, pursuant to Article 298 of Tax Procedure Law No. 213. Portions of these limits, which do not exceed ten million Turkish Lira, shall not be taken into account.
The provision of Article 363 regarding the increase in the monetary limit applied in the previous year, effective from the beginning of each calendar year, pursuant to the above paragraph, shall not apply to cases finalized by the enforcement court before the effective date of the increase, nor to cases retried following a reversal decision by the Court of Cassation.
LABOR COURTS LAW NO. 5521
Article 8 – Appeals may be filed against final decisions rendered by labor courts. However, final decisions regarding cases whose amount or value does not exceed three thousand Turkish Lira, excluding decisions concerning cases and matters that cannot be assessed in monetary terms, shall be final. The period for filing an appeal is eight days from the date of notification of the final decision to the parties if the decision was rendered against them, or eight days from the date of notification if the decision was rendered in their absence.
An appeal may be filed within eight days from the date of notification against final decisions of the regional court of justice regarding cases and matters that cannot be assessed in monetary terms, as well as against final decisions regarding cases whose amount or value exceeds forty thousand Turkish Lira.
Decisions for which legal remedies are sought are decided upon by the regional court of justice and the Supreme Court of Appeals within two months.
The monetary limits in the first and third paragraphs shall apply to the beginning of each calendar year, increasing the monetary limits applied in the previous year by the revaluation rate determined and announced annually by the Ministry of Finance in accordance with the provisions of Article 298, bis, of Tax Procedure Law No. 213, dated January 4, 1961.Portions of the limits determined in this manner that do not exceed ten Turkish lira are not taken into account. The amount effective on the date the decision is made shall be taken into account in applying the monetary limits.
REVALUATION RATE
Official Gazette No: 30237
Official Gazette Date: 11/11/2017
As is known, Article 298 bis (B) of Tax Procedure Law No. 213 states, “The revaluation rate is the average price increase in the Turkish Statistical Institute’s Domestic Producer Price Index in October (including October) of the year in which the revaluation will be made, compared to the same period of the previous year. This rate shall be announced by the Ministry of Finance in the Official Gazette.”
According to this provision, the revaluation rate for 2017 was determined as 14.47% (fourteen point forty-seven).
This rate will also apply for the final provisional tax period of 2017.
Furthermore, previously published communiqués on this matter remain in effect.
Notification is hereby issued.