Suspension of judicial terms due to COVID-19 extended

Background
Amendments

The suspension of judicial terms due to COVID-19, which was set to expire on 30 April 2020, has been extended until 15 June 2020 (for further details please see "COVID-19: suspended proceedings and judicial terms"). However, this date will be re-evaluated if the risk of spreading the virus is eliminated before the extension expires.

Background

The Law on the Amendment of Certain Laws 7226 suspended procedural terms until 30 April 2020 in order to prevent any loss of rights in regard to trials due to the measures taken to combat the COVID-19 outbreak.

In this respect, the following terms were suspended retrospectively from 13 March 2020 until 30 April 2020 (inclusive):

• all terms within the scope of the acquisition, use or extinction of a right, including the terms for:
  • filing lawsuits;
  • enforcement proceedings;
  • applications;
  • objections;
  • notices;
  • notifications;
  • submission periods;
  • prescription periods;
  • statutory limitations; and
  • the mandatory administrative application terms;
• terms specified under the Administrative Procedure Code;
• terms specified under the Criminal Procedure Code;
• terms specified under the Civil Procedure Code;
• terms specified in other laws containing procedural provisions;
• terms determined by judges; and
• terms for mediation and conciliation facilities.

Further, pursuant to Law 7226, the following were suspended from 22 March 2020 until 30 April 2020 (inclusive):

• the terms specified under the Enforcement and Bankruptcy Code, and similar terms under other laws, along with terms determined by judges or enforcement and bankruptcy offices;
• all enforcement and bankruptcy proceedings (other than enforcement proceedings relating to maintenance receivables);
• the processing of parties' requests in ongoing proceedings and the commencement of enforcement and bankruptcy proceedings; and
• requests pertaining to the enforcement and execution of preliminary attachment orders.

Amendments

Under Law 7226, the president can extend the suspension period for a maximum of six months where the reasons behind the suspension continue.

In this regard, Decision 2480 on the Extension of the Suspension of Terms for the Prevention of Losses of Judicial Rights entered into force on 30 April 2020 on its publication in Official Gazette 31114.

Under said decision, the suspension of terms stipulated in Law 7226 (except the terms concerning the mandatory application stipulated under Law 4734 on Public Tenders) has been extended from 1 May 2020 until 15 June 2020 (inclusive). However, this extension will be re-evaluated if the risk of spreading COVID-19 is eliminated before it expires.

Further, in his 4 May 2020 announcement, the president stated that trials and site examinations will resume on 15 June 2020.

For further information on this topic please contact Beril Yayla Sapan or Asena Aytuğ Keser at Gün + Partners by telephone (+90 212 354 00 00) or email (beril.yayla@gun.av.tr or asena.keser@gun.av.tr). The Gün + Partners website can be accessed at www.gun.av.tr.