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 Third parties can challenge a Board decision before the competent administrative courts, provided they have a legitimate interest.
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 Pro - cedure Law, the decision of the regional court will be subject 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 deci - sion is reversed by the High State Court, it will be remanded back to the deciding regional 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 calendar days of receiving the reasoned deci - sion of the Board. The judicial review before the Ankara administrative 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 usually lasts 24 to 30 months.
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 appli - cable to foreign direct investments. There are no separate merger control regulations for foreign direct investments.
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