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The Constitutional Court struck down the first sentence of
Article 398/1 of the Code of Civil Procedure No. 6100, which
provided a disciplinary imprisonment term for the breach of an
interim injunction. The decision was dated 11 July 2018 and No.
2018/1 E. 2018/83 K, promulgated on the Official Gazette on 20
February 2019 and will enter into force on 20 November 2019.
Changes
The Constitutional Court abolished the provision foreseeing a
disciplinary imprisonment term ranging from six months to one year
for failure to comply with or the breach of an interim
injunction.
The Constitutional Court declared the provision unconstitutional
on the grounds that the procedures and principles and rights of
appeal applicable to disciplinary imprisonment for the breach of an
interim injunction lack clarity, thereby hindering legal certainty
and the right to legal remedy.
Conclusion
As of 20 November 2019, persons breaching or failing to comply
with an interim injunction will not be subjected to disciplinary
imprisonment.
The content of this article is intended to provide a
general guide to the subject matter. Specialist advice should be
sought about your specific circumstances.
