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year are increased by the revaluation rates specified and declared for the
respective year.
In consideration of tariff no.(1), numerous party and judge proceedings
are also listed. There are fees of various rates and amounts payable for each
of the proceedings. What we can conclude from this is that the intention is
not to receive a single fee from one lawsuit, but to receive fees of different
rates and amounts from different proceedings.
Scope of the review
It is not intended herein to review all the fees applicable under Tariff
No.1 of the Law of Fees, but to examine the Constitutional Court Decree
No.2009/27 E., 2010/9 K., dated January 14
th
, 2010 (published in the
Official Gazette No.27524, dated March 17
th
, 2010), taken with regard to
the cancellation of the second sentence of Article 28.1(a) of the Law of
Fees No.492, dated July 2
nd
, 1964, saying “Unless the decree and writ fee
is paid, the addressee is not served with the respective writ”, due to its
contradiction with Articles 2 and 36 of the Constitution.
The rule cancelled by the Constitutional Court
Article 28 of the Law of Fees No.492, which includes the cancelled
sentence, is as follows:
“
Article 28
– The proportional fees written under tariff no.(1) are paid
at the following times:
a) Decree and Writ Fee,
Decree and Writ fees are payable one-quarter in advance and the
remainder within two months as from the date of the respective decree.
Unless the decree and writ fee is paid, the respective writ is not notified
to the addressee.
b) Execution Collection Fee,
In cases of execution proceedings, the Collection Fee is payable at the
time of payment of the respective receivable, and, in cases of non-payment,
it is paid no later than 15 days as from the date of the arising of the fee.
The fee arises upon the fulfillment of the respective execution.