Attorney's Fee in Expropriation Cases

T.R.

SUPREME COURT

5. Law Office

 

 

BASIS NO: 2019/3412

 

DECISION NO: 2019/19175

 

1- Considering the decision of the European Court of Human Rights dated 23.10.2018, which was given as a result of the application numbered 12055/17, and the decision of the Constitutional Court with the application number 2016/9364 published in the Official Gazette numbered 30791 on 01.06.2019, it is stated that the attorney fee should not be awarded in favor of the plaintiff administration. not considered,

 

Since the difference amount decided to be invested in 2-3 month time deposits, 76,841.97 TL cannot be paid to the defendant as of the date of the decision, legal interest has been paid until the decision date, without considering that the legal interest to be charged in accordance with the 10/9th paragraph of the Expropriation Law No. 2942 should be the finalization date of the decision. decision making,

 

Although it is not true; Since the elimination of these misconceptions does not require a retrial (our department's decision date is 27/12/2018), the words (decision finalization) should be written instead of the phrase,

 

Your provision is thus 370/2 of the HMK. TO BE CORRECTED AND APPROVED pursuant to the article,