Administrative and Annulment Actions
Administrative fines and decisions issued by ministries, regulators and municipalities can have both financial and operational consequences for companies. We prepare and conduct annulment actions against administrative fines and the decisions of administrative authorities, and pursue your requests for a stay of execution before the court.
What is an annulment action?
An annulment action is brought before the administrative court claiming that an administrative act is unlawful in terms of authority, form, grounds, subject matter or purpose. Under the Administrative Procedure Law, unless special laws provide otherwise, the time limit is sixty days before the administrative courts and thirty days before the tax courts, starting from notification of the act.
Bringing an action does not automatically suspend the act. A stay of execution can be requested from the court provided the act is manifestly unlawful and its enforcement would cause damage that is difficult or impossible to remedy.
Where is an administrative fine challenged?
Under the Law on Misdemeanours, unless a special law provides otherwise, administrative fines are challenged before the criminal judgeship of peace within fifteen days of notification. However, fines imposed by many regulators, such as the Competition Board, the Personal Data Protection Board and the Advertising Board, must be challenged by an action before the administrative court. Because choosing the wrong route or missing the deadline can make the fine final, the correct judicial route and time limit must be determined first.
Scope
- Preparing and conducting annulment actions against administrative fines and the decisions of administrative authorities
- Determining the judicial route and the time limit for bringing an action
- Preparing requests for a stay of execution
- Handling applications and objections to the administration before litigation
How We Work
- Reviewing the act, the date of notification and the legislation it relies on
- Determining the correct judicial route and time limit
- Setting out the grounds of unlawfulness and the evidence
- Preparing the statement of claim and the request for a stay of execution
- Following the proceedings and the appeal and cassation stages
Team
Ali Gül
Founding Partner
Hasan Çakan
Partner
Enes Duran
Associate
Burcu Kulotu
Associate
Sercan Dolanbay
Associate - Trademark Attorney
Frequently Asked Questions
Do we lose the right to object if we pay the administrative fine?
No. Under the Law on Misdemeanours, if an administrative fine is paid within one month of notification, a one-quarter discount applies, and the payment does not affect the right to seek legal remedies. If the fine is annulled, the amount paid is refunded.
When does the time limit for bringing an action start?
It starts from the date the administrative act is notified in writing to the person concerned. Correctly identifying the notification date is therefore critical; electronic notifications are deemed served as provided by law, and the e-notification address must be checked regularly.
Should we apply to the administration before suing?
It is not mandatory, but it is useful in some cases. Applying to the administration within the time limit for the act to be withdrawn or changed suspends the time limit. If the application is rejected or goes unanswered, the action can be brought within the remaining time.
How long does it take to obtain a stay of execution?
Courts examine requests for a stay of execution with priority over other matters. Usually the administration's defence is taken first and then a decision is given. In urgent cases, a temporary stay can also be requested until the defence is received.
Would you like to discuss this service? Schedule a meeting with us — the first meeting is free of charge.
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