Time Period for Filing a Full Judgment Action After Annulment
The lawsuit was filed by the plaintiff company, which was banned from participating in tenders for a period of 1 year pursuant to the Public Procurement Law No. 4734, with the request for compensation of 185.976.-TL pecuniary damage and 50.000.-TL non-pecuniary damage, together with commercial interest; The Administrative Court decided to cancel the action subject to the lawsuit in the lawsuit filed for the cancellation of the prohibition decision applied to the plaintiff company, and the defendant’s appeal and rectification applications were rejected and the decision was approved. The judgment was notified to the plaintiff on 21.10.2013.
On 26.02.2014, the lawsuit was filed; in the case subject to the dispute, in the lawsuit filed for the annulment of the transaction regarding the prohibition of the plaintiff company from participating in tenders for 1 year, it was decided to annul the transaction subject to the lawsuit and this decision was approved and finalized; Article 12 of the Law No. 2577, which regulates the procedure for filing a full judgment lawsuit arising from administrative actions. Article 12 of Law No. 2577, which regulates the procedure for filing a full judicial action arising from administrative actions, stipulates that in cases where a separate lawsuit is filed for the annulment of the transaction causing damage, a full judicial action must be filed within 60 days after the finalization of this case; the lawsuit to be filed by the plaintiff for the compensation of the damage allegedly suffered by the plaintiff due to the aforementioned prohibition transaction will be filed in accordance with Article 12 of Law No. 2577. Pursuant to Article 12 of the Law No. 2577, it is in the nature of a full judicial action to be filed upon the annulment action; In accordance with the aforementioned article of the Law, upon the finalization of the court decision regarding the annulment of the prohibition decision applied to the plaintiff company on 21.10.2013, a full judicial action must be filed within the legal period until 20.12.2013, while it is not possible to examine the merits of the lawsuit filed on 26.02.2014 after this period has passed, it is in accordance with the law to decide to dismiss the case due to the excess of time and it was decided to approve the judgment (13th Chamber of the Council of State – Decision: 2015/4206).
