226 NEWSLETTER 2021 time limit for application of legal remedy is subject to the condition of “notice” instead of “learning” or “exhausting the legal remedies”. Decisions of the Civil Chambers of the Court of Cassation Different civil chambers of the Court of Cassation have made different assessments on whether an electronic notification will be deemed to effective at the end of the fifth day following the date it was received, or on the date it was read. Referring to Article 7/a of the Notification Law, the 10th Civil Chamber of the Court of Cassation held that an appeal request dated 30.04.2018 was made within the legal two-week period, since the notification was made five days after the notification made to the claimant’s attorney electronically on 13.04.2018.1 On the other hand, the 9th Civil Chamber of the Court of Cassation, in its decision dated 18.09.2019, considered the question of whether the recipient had read an electronic notification in rejecting an appeal as untimely. In its opinion, the court considered the fact that the electronic notification was opened on the date it was delivered to the address to be relevant to the question of when the appellant received notice. This was despite the fact that, in a previous decision, the court had disapproved of this approach. However, in a later decision dated 03.12.2019, the 9th Civil Chamber, which did not consider the regulation in Article 7/a of the Notification Law, it made a factual error in its previous decision dated 18.09.2019 and it should be deemed to have been made at the end of the fifth day from the day the addressee reached the address of electronic notification. Decision dated 18.09.2019 was annulled.2 Another judicial decision is made by the General Assembly of the Court of Cassation, referring to Article 9 of the Regulation. The General Assembly made an evaluation and stated “UETS has forwarded the electronic notification to the electronic notification address of the addressee on 30.07.2019, in association with the time stamp, and the notification will be deemed to have been made at the end of the fifth 1 10th CC of the Court of Cassation, No. 2018/4120 E., 2018/6993 K., 25.09.2018. 2 9th CC of the Court of Cassation, No. 2019/7836 E., 2019/21446 K., 03.12.2019.
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