e-book2013

LEGAL DEVELOPMENTS

447

Important Case Law

• The Judgment of the Constitutional Court dated 22.03.2013

numbered E: 2011/125, K: 2012/46, regarding annulment of the

phrase “The parties shall not submit the rejoinder and second

bill of answer.” included in paragraph (3) of Article 317 of the

Civil Procedure Code dated 12.01.2011 and numbered 6100 was

published in the Official Gazette dated 13.02.2013 and numbered

28558 and the Court declined the request.

• The Judgment of the Constitutional Court, dated 24.05.2012

numbered E: 2011/134, K: 2012/83, regarding annulment of the

phrase “The partial lawsuit shall not be filed where the amount of

the claim is beyond dispute and definite.” included in paragraph

(2) of Article 109 of the Civil Procedure Code dated 12.01.2011

and numbered 6100 was published in the Official Gazette dated

13.02.2013 and numbered 28558 and the Court declined the

request.

• The Judgment of the Constitutional Court, dated 27.09.2012

numbered E: 2012/6, K: 2012/131, regarding annulment of the

phrase “… or it is provided that it will be made by authorized

auditing companies when requested. Procedures and principles for

implementation regarding auditing companies shall be regulated

with a regulation to be prepared by State Hydraulic Works

provided that related ministries’ opinions are obtained.”included

in subparagraph (f) of Article 204 of the Law dated 13.02.2011

and numbered 6111, which was added to the first paragraph

of temporary Article 14 of the Electricity Market Law, dated

20.02.2001 and numbered 4628, was published in the Official

Gazette dated 13.02.2013 and numbered 28558.

• Judgment of the Constitutional Court, dated 18.10.2012 numbered

E: 2012/70, K: 2012/157, regarding annulment of the phrase

“….as of the date of the decision…” included in the first sentence

of subparagraph (a) of paragraph 1 of Article 28 of the Fees Act,

dated 02.07.1964 and numbered 492, which was amended by the

Income Tax Law dated 23.07.2010 numbered 6009 and Article 18

of the Code on Amending Some Laws and Statutory Decrees, was