Period for Filing a Full Judgment Action After Learning of the Damage
The lawsuit was filed by the plaintiff for the compensation of 70.000,00 TL damage allegedly incurred by the claimant claiming that the administration was responsible for depriving the plaintiff of his inheritance share by issuing a false report for the plaintiff’s father.
Adana 2nd Administrative Court; It should be accepted that the date of learning of the health report, which allegedly caused the damage allegedly suffered, was 12.02.2013, therefore, the plaintiff, in accordance with Article 12 of the İYUK, did not file a lawsuit within the 60-day period of filing a lawsuit starting from the date of learning or 11. It was decided to dismiss the lawsuit due to out of time on the grounds that it was not possible to examine the merits of the lawsuit filed on 24.10.2013 after the expiration of this period by not applying within the scope of Article 11, and the relative attorney fee was not awarded against the plaintiff. Considering that the compensation case subject to the dispute was dismissed by the Court due to the statute of limitations and no decision was made on the merits of the case, there was no conformity with the law in awarding an attorney’s fee according to the third part of the Tariff, which directly stipulates the proportional fee tariff, while the attorney’s fee should not exceed the fixed fee tariff stipulated in the second part of the second part of the Tariff. It has been decided to APPROVE the part of the full judgment case regarding the dismissal of the full judgment case in terms of timeout, and to DISMISS the part regarding the award of proportional attorney’s fee (15th Chamber of the Council of State – Decision: 2015/50459.
