NEWSLETTER-2019-metin

242 NEWSLETTER 2019 decision of court of first instance reviewed but, also, a new trial is conducted, and a verdict is given like a verdict that is given in court in this process, if necessary. As there is a two-staged legal remedy avail- able under the system of CPL, and there are differences to the system under CPL numbered 1086. At this point, an appeal in the Court of Cassation is a legal remedy that is available to decisions rendered by the regional court. In the case at hand, as the decision was given prior to the date of commencement of the activity of the regional courts, which date is 20 July 2016, a dual evaluation regarding the options of legal remedy should be made, taking into account the entry into force of Law num- bered 1086, Law numbered 6100, and the date of commencement of the activities of the regional courts, as provisions of Articles 427 to 454 of Law numbered 1086, amended through Law numbered 1086, and dated 26 September 2004, shall apply to the case under the second paragraph of Temporary Article 3 of the CPL. Under Temporary Article 3 of the CPL, until finalization of the decisions rendered prior to the date of commencement of the activity of the regional courts, which date is 20 July 2016, the provisions of Articles 427 to 454 regarding appeals filed prior to the amendment, and made through Law numbered 5236, and dated 26 September 2004, shall apply. Although the Regional Courts have commenced their activities, and the CPL is in force, a decision rendered prior to the date of 20 July 2016 shall constitute a formally definite verdict by way of exhausting all legal remedies in the event an appeal is filed in the Court of Cassation, or revision of decision is possible under CPL numbered 1086. On the other hand, decisions that are subject to the provisions of the CPL regarding legal remedies shall become formally definite after the stages of appeal in the regional court and the Court of Cassation. Nonetheless, although revision of decision is not possible, and one can only request correction of material mistake in a lawsuit filed during the period of CPL numbered 1086 regarding collection of labor receivables, as also explained in various decisions of the As- sembly of Civil Chambers, it is not possible to make a public order