The lawsuit was filed by the plaintiff company. Which was banned from participating in tenders. For 1 year pursuant to the Public Procurement Law No. 4734, with the request for compensation. Of 185.976.-TL pecuniary and 50.000.-TL non-pecuniary damages. Together with commercial interest. Which were claimed to have been suffered due to the prohibition. Decision in question, on the grounds that the decision. Was decided to be cancelled; The Administrative Court decided to cancel the action subject. To the lawsuit in the lawsuit filed with the request for the cancellation. Of the prohibition decision applied to. The plaintiff company, and the defendant’s appeal and decision correction applications. Were rejected and the judgment was approved. The judgement was notified to the plaintiff on 21.10.2013.
On 26.02.2014, the lawsuit was filed; in the case subject to the dispute, in the lawsuit. Filed with the request for the cancellation of the transaction regardin.g The prohibition of the plaintiff company from participating in tenders for 1 year, it was decided to cancel the transaction subject to the lawsuit and this decision. Was approved and finalised; Article 12 of the Law No. 2577, which regulates the procedure for filing a full judicial action. Arising from administrative actions.
Article 12 of the Law No. 2577, which regulates the procedure. For filing a full judicial action arising. From administrative actions, stipulates. That in cases where a separate lawsuit is filed for the cancellation.Of the transaction causing damage. A full judicial action shall be filed. Within 60 days after the finalisation of this case. The lawsuit to be filed by the plaintiff. For the compensation of the damage allegedly. Suffered by the plaintiff due to the aforementioned prohibition. Transaction shall be filed in accordance.
With Article 12 of the Law No. 2577. Pursuant to Article 12 of the Law No. 2577, it is in the nature of a full judicial action to be filed. Upon the cancellation action. In accordance with the aforementioned. Article of the Law, upon the finalization of the court decision regarding the cancellation of the prohibition decision. Applied to the plaintiff company on 21.10.2013, a full judicial action. Must be filed within the legal period. Until 20.12.2013, while it is not possible. To examine the merits of the lawsuit filed. On 26.02.2014 after this period has passed, it is in accordance. With the law to decide to reject. The lawsuit due to out of time and it was decided. To approve the judgment (13th Chamber of the Council of State – Decision: 2015/4206).
You can access our other article examples and petition examples by clicking