EN SUPREME COURT
Law Office
Originally: 2016/10162
Verdict: 2016/10473
Decision Date: 14.06.2016
THE SITUATION CAUSED BY THE PREAMBLE – AN EXAMINATION MAY BE MADE BY THE DECISION OF THE ENFORCEMENT COURT THAT THE VALUE OF THE GOODS OR RIGHTS IN QUESTION CANNOT EXCEED THE SPECIFIED AMOUNT – THE APPEAL VALUE OF THE GOODS OR RIGHTS, THAT THE VALUE OF THE HIDDEN GOODS OF THE GOODS CANNOT EXCEED THE SPECIFIED AMOUNT
SUMMARY: 1 of the EHR Annex. in accordance with the article; This monetary limit is applied by increasing the monetary limits applied in the previous year at the rate of reassessment determined and announced by the Ministry of Finance in accordance with the repeated article of Law No. 213, effective from the beginning of each calendar year.
The limits set in this way ….the parts that do not exceed are not taken into account. During the calculation, in order for the decisions to be appealed by the executive courts in 2016 to be appealed, the subject of the appeal must be above ….TL. According to the special regulation in the last sentence of the same paragraph, in order for an appeal review to be conducted in compensation cases whose article is considered among the decisions that can be appealed and in follow-up decisions related to compensation cases, the value of the property or right that is the subject of the Decrees of the enforcement court must exceed this determined amount. …TL. In this case, since the judgment is final, the appeal petition should be rejected.
(2004 SK md. 363, 365, 366, Oct. md. 1) (213 SK md. 298)
Case and Decision: At the request of the plaintiff, within the period of the Court decision on the date and number written above, the file related to the case was sent to the Apartment from the place where the case was held, discussed and decided:
101 of the Law No. 4949. article 363 of the Execution and Bankruptcy Law No. 2004, as amended. according to the provision of the article; In order for an appeal to be filed against the decisions to be made by the executive courts after the effective date of the law on 30.07.2003, the value of the case subject to appeal must exceed TL 2,000.00.
in accordance with Article 102 of Law No. 4949 and Additional Article 1 added to the Oct; this monetary limit is applied by increasing the monetary limits applied in the previous year at the rate of reassessment determined and announced by the Ministry of Finance in accordance with repeated article 298 of the Tax Procedure Law No. 213, effective from the beginning of each calendar year. The parts of the limits determined in this way that do not exceed ten million TL (10,00 TL) are not taken into account.
Accordingly, when the calculation is made, the subject of the appeal must be over TL 6,310.00 in order for an appeal to be filed against the decisions to be made by the executive courts in 2016.
SECOND. m.363/1. According to the special regulation in the last sentence of the same paragraph, in order for an appeal review to be conducted in compensation cases that are among the decisions that can be appealed in article (7), the value of the property or right to which the Decrees of the enforcement court relate must exceed this amount.
In the concrete case, the cost of the appeals subject to appeal is below 6.310,00 TL.
In this case, the rejection of the petition of appeal is required due to the finality of the judgment.
Conclusion: For the reasons explained above, the petition for appeal was REJECTED by the parties in accordance with Articles 363, 365/3 Annex 1 and 366/3 of the Oct. According to the article, a request for correction of the decision may be filed against the decision within 10 days from the notification of the decision of the Court of Cassation. on 14.06.2016, it was unanimously decided that the appeal fee should be returned to the applicant.