Annulment Action (Administrative Courts)

Also known as: Administrative Annulment Action, Administrative Litigation, Full Remedy Action, İptal Davası

In short

An action brought before an administrative court or the Council of State by a person whose interest is affected, claiming that an administrative act is unlawful in terms of competence, form, grounds, subject or purpose.

An annulment action is brought to set aside an unlawful administrative act (Administrative Procedure Law No. 2577, Art. 2). It is the main remedy against administrative acts such as regulatory authority decisions, administrative fines, tenders and licensing decisions.

Grounds of Unlawfulness

An administrative act is annulled if it is unlawful in terms of:

Competence: The authority lacked power to take the act,
Form: The procedure and form required by law were not followed (for example, no defence was taken),
Grounds: The facts on which the act is based are untrue or legally insufficient,
Subject: The result of the act is unlawful,
Purpose: The act was taken for a purpose other than the public interest.

Time Limits

Unless a special law sets a different period, the time limit is sixty days before the Council of State and administrative courts and thirty days before tax courts.
The period runs from written notification of the act.
Before suing, the person may ask the authority to withdraw or amend the act; this application suspends the time limit. If the authority does not respond within sixty days, the request is deemed rejected.

Regulatory Authority Decisions

Competition Board: Actions against final decisions and administrative fines are filed with the administrative court.
Advertising Board: Actions against its decisions are filed with the administrative court.
Personal Data Protection Board: Since 1 June 2024, actions against its administrative fines are also filed with the administrative court.

For other administrative fines, see Challenging Administrative Fines.

Stay of Execution and Full Remedy

An annulment action does not automatically stop implementation of the act; a stay of execution must be requested. For compensation of loss caused by an administrative act, a full remedy action is brought; the two may be brought together.

Frequently Asked Questions

When must an annulment action be filed?

Unless a special law sets a different period, the time limit is sixty days before the Council of State and administrative courts and thirty days before tax courts. The period runs from written notification of the administrative act.

Where are actions against Competition Board or Data Protection Board decisions filed?

Annulment actions against Competition Board decisions are filed with the Ankara administrative courts. Since 1 June 2024, actions against administrative fines of the Personal Data Protection Board are also filed with administrative courts instead of criminal judgeships of peace.

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