227 CIVIL PROCEDURE LAW day following the date on which the electronic notification reaches the electronic address of the addressee.”3 In the face of all these judgements, the 4th Civil Chamber of the Court of Cassation on 09.12.2020 analyzed Article 5, of the Regulation on the Procedures and Principles Regarding the Technical Criteria for the National Electronic Notification System prepared by the Ministry of Justice which is entitled “Evidence.” It its opinion, the court stated that an evidence record is created in the system at the time the notification is opened by the addressee. Under the regulations, the evidence record in question means that the notification was read by the recipient. The court also accepted that the notification was opened by the recipient on the date it was sent to the e-mail address. The appeal was rejected on the grounds that the legal period had expired.4 As this decision conflicts with previous judgments of the 4th Civil Chamber of the Court of Cassation, the integrity of the precedent followed by the chambers of the Court of Cassation was undermined. The General Assembly of the Court of Cassation re-examined the issues of the date of notice of the electronic notification and the beginning of the legal periods in a dispute on 24.11.2020. It made clear that the date of notice in an electronic notification is not the date that the electronic notification reaches the email account of the addressee or the date it is read but the end of the fifth day following the date when the notification reaches the electronic address of the addressee. The General Assembly of the Court of Cassation underlined that the possibility of delaying the results of the notification by not checking the registered e-mail account of the addressee has been eliminated.5 The General Assembly referred to the 2nd paragraph of Article 107/Aof the Tax Procedure Law numbered 213, which is similar to the provision in the 4th paragraph of Article 7/a of the Notification Law, stating “…Notification in the electronic environment is deemed to have been made at the end of the fifth day following the date on which 3 The General Assembly of Court of Cassation, No. 2019/623 E., 2020/9 K., 14.01.2020. 4 4th CC of the Court of Cassation, No. 2020/1187E., 2020/4264 K., 09.12.2020. 5 The General Assembly of Court of Cassation No. 2020/547 E., 2020/924K., 24.11.2020.
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