THE TIME PERIOD FOR FILING A CIVIL ACTION STARTS ON THE DATE WHEN THE DAMAGE IS FULLY LEARNT
Article 13 of the Administrative Procedure Law No. 2577 Article 13 of the Administrative Procedure Law No. 2577 stipulates that those whose rights have been violated by administrative actions must, before filing an administrative lawsuit, apply to the relevant administration within one year from the date they learnt about these actions upon written notification or otherwise, and in any case within five years from the date of the action, and request the fulfilment of their rights, and in case their requests are partially or completely rejected, In the event that the full court case filed to the judicial and military judicial authorities which are not in charge is rejected due to jurisdiction, the condition of applying to the administration stipulated in the first paragraph shall not be sought in the cases to be filed to the administrative judicial authorities in the subsequent cases to be filed to the administrative judicial authorities.
The above-mentioned article of the Law determines that the period of application to the administration shall commence from the date on which the persons who are damaged by administrative actions learn about the action. As such, it is clear that basing the beginning of the application period only on the date of the action and the date of the harmful result will lead to a very short period of time to file a lawsuit in cases where the damage has not yet occurred or even if the cause of the damage cannot be learnt, or it will eliminate the right to file a lawsuit and will not be compatible with the freedom to seek rights. Therefore, it is necessary to take the date on which the administrative nature of the action causing the damage is learnt. The administrative nature of the actions and the damage caused by them may sometimes be revealed together with the action, sometimes much later, as a result of various investigations, examinations and even criminal proceedings.
From the examination of the case file; It is understood that on 08.05.2011, the ambulance in which the plaintiff was in the ambulance caused a one-sided traffic accident in the vicinity of Diyarbakır Province Elazığ Street DSI Junction, the plaintiff, who was injured as a result of the accident, received a medical report for a long time, started working at his duty station again on 30.04.2012, and filed the case on 20.09.2013 upon the tacit rejection of his application dated 20.06.2013 for the compensation of the damage caused by the accident. In the dispute, after the accident in question, Diyarbakır Training and Research Hospital issued a medical board report dated 08.08.2012 stating that the plaintiff was 42% disabled, and considering that the real and definitive damage that can be claimed to be caused by the action of the administration only emerged with the Medical Board Report dated 08.08.2012, which determines the loss of body function according to the plaintiff’s disability, it should be accepted that the 1-year period has started from this date in accordance with Article 13 of Law No. 2577. Accordingly, there is no statute of limitations in the lawsuit filed by the plaintiff on 20.09.2013 upon the rejection of his application to the administration on 20.06.2013, within 1 year from 08.08.2012, when he learnt that the action was attributable to the administration; While the Administrative Court should make a decision on the merits of the case, the decision to reject the lawsuit for being out of time does not comply with the procedural provisions (15th Chamber of the Council of State – Decision: 2015/2146).
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