TÜRKIYE Law and Practice Contributed by: Gönenç Gürkaynak, K Korhan Yıldırım and Görkem Yardım, ELIG Gürkaynak Attorneys-at-Law
8.3 Ability of Third Parties to Appeal Clearance Decisions
level appellate court system consisting of administra - tive courts, regional courts and the High State Court. Regional Courts The regional courts will investigate the case file, on both procedural and substantive grounds, and make their decision based on the merits of the case. The regional court’s decision will be considered final in nature. Pursuant to Article 46 of the Administrative Procedure Law, the decision of the regional court will be sub - ject to the High State Court’s review in exceptional circumstances. In such a case, the High State Court may decide to uphold or reverse the regional court’s decision. If the decision is reversed by the High State Court, it will be remanded back to the deciding region - al court, which will in turn issue a new decision that takes the High State Court’s decision into account. 8.2 Typical Timeline for Appeals The parties should file an appeal case within 60 cal - endar days of receiving the reasoned decision of the Board. The judicial review before the Ankara adminis - trative courts of first instance usually takes about 12 to 24 months. The appeal before the High State Court usually takes about 24 to 36 months. Court decisions in private suits are appealable before the Supreme Court of Appeals. The appeal process in private suits is governed by the general procedural laws and usu - ally lasts 24 to 30 months.
Third parties can challenge a Board decision before the competent administrative courts, provided they have a legitimate interest. 9. Foreign Direct Investment/Subsidies Review 9.1 Legislation and Filing Requirements As previously mentioned in 4.6 Non-Competition Issues , merger control regulations under the Turkish competition law regime are also applicable to foreign direct investments. There are no separate merger con - trol regulations for foreign direct investments.
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