NEWSLETTER-2020-metin

164 NEWSLETTER 2020 tion as a “preliminary issue,” and should have ruled after the decision of the annulment lawsuit was rendered. As this was not the case, The Court of Cassation reversed the judgment of the Tekirdağ 2nd Civil Court of First Instance for the sake of the law. Conclusion Pursuant to the recent decision of the 13th Civil Chamber of the Court of Cassation, in cases where the claim for compensation is based on the Board’s decision, courts should consider the lawsuits filed before the administrative jurisdiction as a “preliminary issue,” and decide after the Board’s decision has been rendered. It should also be noted that the decision of the 13th Civil Cham- ber in question is a dismissal ruling for the sake of the law. This situa- tion reveals that the approach of awaiting the finalization of the Board decision in compensation cases to be filed against Board decisions is gaining strength. Although currently there is no unification of case-law regarding the subject matter, the first-instance courts will most likely consider the Board’s decision as a preliminary issue, and render their rulings thereafter.