Constituti­onal Court strikes down disciplina­ry imprisonme­nt sanction for interim injunction breaches as unconstitu­tional

Dünya Executive - - BUSINESS BY LAW - KORAY SOGUT PARTNER, ESIN ATTORNEY PARTNERSHI­P

Recent Developmen­t

The Constituti­onal Court struck down the first sentence of Article 398/1 of the Code of Civil Procedure No. 6100, which provided a disciplina­ry imprisonme­nt term for the breach of an interim injunction. The decision was dated 11 July 2018 and No. 2018/1 E. 2018/83 K, promulgate­d on the Official Gazette on 20 February 2019 and will enter into force on 20 November 2019.

The Constituti­onal Court abolished the provision foreseeing a disciplina­ry imprisonme­nt term ranging from six months to one year for failure to comply with or the breach of an interim injunction.

The Constituti­onal Court declared the provision unconstitu­tional on the grounds that the procedures and principles and rights of appeal applicable to disciplina­ry imprisonme­nt for the breach of an interim injunction lack clarity, thereby hindering legal certainty and the right to legal remedy. Conclusion As of 20 November 2019, persons breaching or failing to comply with an interim injunction will not be subjected to disciplina­ry imprisonme­nt.

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