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UTU Hukuk ve Danışmanlık4 min readUpdate:
When appealing against a court decision, the first matter to be checked is the time limits for appeal on points of fact and law and for appeal on points of law. These time limits vary depending on the type of court that rendered the decision and, as a rule, run from service of the decision or, in some courts, from its pronouncement. In this article, we set out together, by type of court, the time limits for appeals to the regional court of appeal and to the Court of Cassation against decisions of the civil, labour, enforcement, criminal, administrative and tax courts.
The table below brings together the time limits shown separately in the article by type of court. The underlying provisions and explanations can be found in the relevant sections.
Time limits for appeal and appeal on points of law by type of court
| Mahkeme | Time limit for appeal to the regional court | Time limit for appeal to the Court of Cassation |
|---|---|---|
| Civil court of first instance (commercial – consumer – family – intellectual property) | 2 weeks – service | 2 weeks – service |
| Civil court of peace (subject to the simplified procedure) | 2 weeks – service | 2 weeks – service |
| Labour court | 2 weeks – service | 2 weeks – service |
| Enforcement civil court | 2 weeks – pronouncement, service | 2 weeks – service |
| Enforcement criminal court | 2 weeks – pronouncement, service | 2 weeks – service |
| Criminal court (of peace – first instance – assize – intellectual property) | 2 weeks – pronouncement, service | 2 weeks – service |
| Administrative court (ordinary proceedings) | 30 days – service | 30 days – service |
| Administrative court (expedited procedure) | Yok | 15 days – service |
| Vergi mahkemesi | 30 days – service | 30 days – service |
* By Article 31 of Law No. 7035, the expression “one month” in the first paragraph of Article 361 of Law No. 6100 was amended to “two weeks”.
“The provisions on legal remedies of the Code of Civil Procedure No. 6100 dated 12/1/2011 also apply to decisions rendered by labour courts.”
Labour Courts Law No. 7036, Art. 7/3
*Pursuant to the third paragraph of Article 7 of the Labour Courts Law No. 7036: “The provisions of the Code of Civil Procedure No. 6100 dated 12/1/2011 on legal remedies shall also apply to decisions rendered by labour courts.”
*Pursuant to Articles 363 and 364 of the Enforcement and Bankruptcy Law No. 2004.
* By Law No. 7331, the time limits for appeal on points of fact and law and for appeal on points of law in Code of Criminal Procedure No. 5271 were changed to two weeks.
Expedited trial procedure
*Under Article 20/A of the Administrative Procedure Law No. 2577, the remedy of appeal to the regional court is not available in actions subject to the expedited procedure.
Related page: Serious Crimes Lawyer in Ankara (Assize Court) — investigation, pre-trial detention, assize court trials and legal remedies
Related legislation: Code of Civil Procedure No. 6100 (mevzuat.gov.tr)
According to the article, the appeal and cassation periods for decisions of civil courts of first instance (commercial, consumer, family and intellectual property courts) are two weeks and start from service. Law No. 7035 changed the one-month cassation period in Article 361 of the HMK to two weeks.
İş mahkemesi kararlarında istinaf ve temyiz süreleri iki hafta olup tebliğden başlar. 7036 sayılı İş Mahkemeleri Kanunu’nun 7. maddesinin üçüncü fıkrası uyarınca HMK’nın kanun yollarına ilişkin hükümleri iş mahkemesi kararlarına da uygulanır.
No. The article states that under Article 20/A of Administrative Procedure Law No. 2577 (İYUK), the appeal route is closed in cases subject to the expedited procedure, and the cassation period is 15 days from service.
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