The Value Of The Property Or Right Subject To The Enforcement Court’s Decision Must Exceed The Determined Amount For The Appellate Review To Be Conducted In The Decisions On The Pendency Of The Proceedings Regarding The Forfeiture Cases
T.C. JUDICIARY
8th Civil Chamber
Main: 2016/9690
Decision: 2016/10437
Date of Decision: 14.06.2016
THE VALUE OF THE PROPERTY OR RIGHT TO WHICH THE ENFORCEMENT COURT’S DECISION RELATES MUST EXCEED THE DETERMINED AMOUNT IN ORDER TO BE ABLE TO REVIEW THE APPEAL IN THE CANCELLATION OF THE ENFORCEMENT PROCEEDINGS RELATED TO THE ENFORCEMENT PROCEEDINGS – REJECTION OF THE APPEAL PETITION
SUMMARY: Since the value of the property or right to which the enforcement court’s decision relates must exceed the determined amount according to the special regulation in order to be able to examine the appeal in the forfeiture cases and in the decisions to suspend the proceedings related to the forfeiture cases, the appeal petition should be rejected.
(2004 S. Code Art. 363, 365, Supplementary Art. 1) (213 S. Code Art. 298)
Case and Decision: Upon the request of the appellant to examine the above-dated and numbered Court decision on appeal within the due time, the file related to this matter was sent to the Department from its neighborhood, and after the report prepared by the Examining Judge for the case file was heard and all documents in the file were read and examined, the matter was discussed and considered:
According to Article 363 of the Execution and Bankruptcy Law No. 2004 amended by Article 101 of the Law No. 4949; in order to appeal the decisions to be made by the execution courts after 30.07.2003, when the Law entered into force, the value of the case subject to appeal must exceed 2.000,00 TL.
Pursuant to the Additional Article 1 added to the EBL by Article 102 of the Law No. 4949; this monetary limit shall be applied by increasing the monetary limits applied in the previous year by the revaluation rate determined and announced annually by the Ministry of Finance in accordance with the repeated Article 298 of the Tax Procedure Law No. 213, effective from the beginning of each calendar year. The parts of the limits determined in this way that do not exceed Ten million TL (10,00 TL) are not taken into account.
When the calculation is made accordingly, in order to appeal the decisions to be rendered by the execution courts in 2016, the subject of the appeal must be over 6.310,00 TL.
According to the special regulation in the last sentence of the same paragraph, the value of the property or right to which the decision of the execution court is related must exceed this amount in order to examine the appeal in the appropriation cases listed among the decisions that can be appealed in subparagraph (7) of Article 363/1 of the EBL, and in the decisions to suspend the proceedings regarding the appropriation cases.
In the concrete case, the value of the seized goods subject to appeal is below 6.310,00 TL.
In this case, since the judgment is final, the appeal petition should be rejected.
Conclusion For the above-mentioned reasons, the appeal petition should be rejected pursuant to Articles 363, 365/3 Annex 1 of the EBL, the parties may request for correction of the judgment within 10 days from the notification of the Court of Cassation Chamber judgment pursuant to Article 366/3 of the EBL, and if requested, the prepaid appeal fee of 97,20 TL. should be returned to the appellant, it was unanimously decided on 14.06.2016.
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