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published in the Official Gazette dated 13.02.2013 and numbered
28558 and the Court annulled the phrase.
• The Judgment of the Council of State General Directorate on the
Unification of Conflicting Judgments, numbered E: 2009/1, K:
2012/2, regarding the unification of decisions pursuant to Article
39 of Act No. 2575 in order to procure unified implementation
with respect to the request concerning the unification of decisions
as a result of the conflict between the decisions of the 7th Chamber
of the Council of State, dated 06.02.2006 and E: 2003/1573, K:
2006/366, and the Council of State Assembly of Tax Courts, dated
14.04.2006 and E: 2006/26, K: 2006/93, on the issue of whether
a lawsuit may be filed by the awarded company on the grounds of
return of the stamp duty paid by the contracting authority to the tax
office, which was calculated by the contracting authority pursuant
to the Stamp Duty Act No. 488 and taken or cut from the awarded
company upon the tender decision, and regarding the possibility
to file a lawsuit before the tax courts by the awarded company
on the grounds of annulment or return of the collection of stamp
duty paid to the tax office by the contracting authority, which
was calculated pursuant to Act No. 488 and taken or cut from the
awarded company upon the tender decision, was published in the
Official Gazette dated 26.02.2013 and numbered 28571.
• Judgment of the Constitutional Court numbered E: 2012/20, K:
2012/132, pertaining to the unconstitutionality and voiding of the
provision “the seventh day following the mailing of the letter … is
considered the date of notification of the decision to the applicant
where notifications are sent via registered and reply-paid letter”,
of Public Procurement Law No. 4734 Art. 65/(a) was published in
the Official Gazette dated 26.07.2013 and numbered 28719.
• Judgment of the Constitutional Court numbered E: 2012/132, K:
2012/179, pertaining to the unconstitutionality and voiding of the
provision “the seventh day following the mailing of the letter is
considered the date of notification of the decision to the applicant”,
of the Public Procurement Law Art. 42/1, second sentence was
published in the Official Gazette dated 26.07.2013 and numbered
28719.