Constitutional Court's Decision on Lawsuits re. Confiscation Without Expropriation

With the decision dated November 30, 2023 and numbered 2023/101 M., 2023/207 D. published in the Official Gazette dated January 18, 2024, and numbered 32433, the Constitutional Court annulled the provision in paragraph 2 of Article 326 of Code of Civil Procedures numbered 6100 stating that "If either party is partially justified in the lawsuit, the court shall apportion the costs of the proceedings according to the proportion of justification of the parties." for "compensation lawsuits based on confiscation without expropriation" due to violation of Articles 13 and 35 of the Constitution.

In its decision, the Constitutional Court stated that the partial injustice of the plaintiff would not change the fact that there was a clearly unconstitutional action of the administration and that any provision which could result in the registration of the immovable property in the name of the administration without paying the real compensation due to the burden to be imposed on the owner in compensation cases based on confiscation without expropriation would be incompatible with the guarantee of payment of the real compensation envisaged in Article 46 of the Constitution. In this respect, holding the plaintiff responsible for a part of the judicial expenses in cases where the lawsuit is partially accepted would prevent the payment of the real value of the immovable property and be against the ownership right.

The decision entered into force on the date of publication. Until the new regulation is issued, in cases where the compensation lawsuit based on confiscation without expropriation is partially rejected, no counter-attorney fee and other litigation expenses will be awarded against the plaintiff. Please see the full decision of the Constitutional Court: https://www.resmigazete.gov.tr/eskiler/2024/01/20240118-21.pdf