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restaurants, coffee houses, cafeterias and the beer houses owned by private
law persons’ which impose an absolute prohibition is found contrary to
articles 13, 17and 18 of the Constitution.” and applied to the Constitutional
Court for annulment of the relevant article of Law no. 4207.
The Council of State applied to the Constitutional Court only for
the phrase “coffee house” of article 3/1-d of Act no 5727 because the
competence of the court for the contention of unconstitutionality is limited
by the interest of the complainant. However, as the annulment grounds are
also valid for the
“undertakings which provide the entertainment service
as the restaurants, cafeterias and the beer houses”
, it will be possible to
apply to the Constitutional Court for annulment of article 3/1-d of Act no.
5727 for actions of nullity brought by the owners of these undertakings or
relevant associations.