For further information,
please contact:
Legal Alerts
11/09/2021 https://www.esin.av.tr/wp-content/themes/esin/images/esin.jpg

Constitutional Court Strikes Down Disciplinary Imprisonment Sanction for Interim Injunction Breaches as Unconstitutional

Legal Alerts
Dispute Resolution
General

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.

Changes

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.