Constitutional Court Cancelled Article Limiting the Jurisdiction of the Courts Related to the Retail Sales Tariff 20 February 2018
Article 10 of the Law Amending the Electric Market Law and Other Laws numbered 6719, which regulates that the jurisdiction of the consumer arbitration panels and courts in cases brought before on fees determined by EMRA is limited to the review whether these fees are in accordance with the regulatory actions of the Board, has been cancelled by the decision numbered 2016/150 E., 2017/179 K. and dated 28.12.2017 of the Turkish Constitutional Court on the ground of being contrary to the Constitution.
Provisional Article 20 of the same Law had regulated that this limitation shall apply to all pending enforcement proceedings, cases and applications. However; since the regulation that such provisional article refers to has been cancelled, this provisional article became devoid of ground. Therefore, this limitation on the jurisdiction of the courts has been removed both for the future and pending cases and enforcement proceedings.
