NEWSLETTER-2020-metin

162 NEWSLETTER 2020 However, the decision was brought before administrative juris- diction 6 by the banks and, in 2019, six years after the decision, it was overturned by the Council of State during the revision of the deci- sion. The first instance court that had declined the annulment claim rendered a decision of persistence after the Council of State’s revision decision, and the judicial process is still ongoing. It is not possible to foresee how this process will conclude at this stage, as the Board’s decision has not yet been finalized. At this point, the impact of the Board’s decision (which has not yet been rendered) upon the compensation lawsuits that rely on this decision is important. In the lawsuits previously filed that are based on this decision, some courts ruled for compensation without awaiting the outcome of the ongoing judicial process within the administrative jurisdiction. However, six years later, the reversal of the decision be- fore the Council of State has brought with it discussions about whether the element of wrongful acts was met in these compensation lawsuits. In the current situation, while certain cases in which rulings have been made as to compensation, based on the Board’s decision, are at the appeal stage, others have been finalized since the amount in dispute is below the appeal threshold. In the meantime, the decision of the 13th Civil Chamber of the Court of Cassation, published in the Of- ficial Gazette dated 8 February 2020 and numbered 31033, rendered in the wake of a claim before the Consumer Arbitration Committee, is significant since it shows the Court of Cassation’s leanings towards the issue. The Judgment of the 13th Civil Chamber of the Court of Cassation The dispute that is subject to reversal for the sake of law be- fore the Tekirdağ 2nd Civil Court of First Instance’s judgment dated 19.07.2018 and numbered 2018/182 E., 2018/391 K, by the judgment of the 13th Civil Chamber of the Court of Cassation, dated 25.09.2019 and numbered 2019/1422 E., 2019/8836 K., is as follows: 6 Example: file numbered 2014/313 E. and 2015/128 K.