The Value Of The Property Or Right To Which The Execution Court Decision Relates Shall Not Exceed The Determined Amount For The Appeal Review – The Value Of The Seized Property Is Below The Limit Of Appeal
T.C. JUDICIARY
8th Civil Chamber
Main: 2016/10162
Decision: 2016/10473
Date of Decision: 14.06.2016
LAWSUIT ARISING FROM SEIZURE – IN ORDER TO BE ABLE TO REVIEW THE APPEAL, THE VALUE OF THE PROPERTY OR RIGHT TO WHICH THE DECISION OF THE ENFORCEMENT COURT RELATES SHALL NOT EXCEED THE DETERMINED AMOUNT – THE VALUE OF THE SEIZED PROPERTY IS BELOW THE APPEAL LIMIT – THE APPEAL IS DISMISSED
SUMMARY: Pursuant to the Additional Article 1 of the EBL; this monetary limit is 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 of the Law No. 213, effective from the beginning of each calendar year. The parts of the limits determined in this way that do not exceed …. are not taken into account.
When the calculation is made according to this, in order to appeal the decisions to be made by the execution courts in 2016, the subject of the appeal must be over ….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 subject to the value of the property or right must exceed this amount, in order to be able to make an appellate review in the appropriation cases listed among the decisions that can be appealed in the article, and in the decisions to interrupt the proceedings related to the appropriation cases.In the concrete case, the value of the appellant encumbrances is below …TL. In this case, the appeal petition should be rejected since the judgment is final.
(Art. 363, 365, 366, Art. 1 of 2004 S. Code) (Art. 298 of 213 S. Code)
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 is applied by increasing the monetary limits applied in the previous year by the revaluation rate determined and announced by the Ministry of Finance every year 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 relates must exceed this amount in order to be able to make an appellate review in the appropriation cases listed among the decisions that can be appealed in sub-paragraph (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 decision within 10 days from the notification of the Supreme Court Chamber’s judgment pursuant to Article 366/3 of the EBL, and if requested, the prepaid appeal fee of 29,20 TL. should be returned to the appellant, it was unanimously decided on 14.06.2016.
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