Constitutional Court has annulled Article 398 of Code of Civil
Procedure, which established imprisonment for breaching preliminary
injunction. This court ordered that this come into effect within
nine months It is hoped that proposals for new punishment for
acting against preliminary injunction will come before Parliament
within this period
Upon the application of the Istanbul First IP Court, the
Constitutional Court has cancelled Article 398 of Code of Civil
Procedure, which stipulates that the punishment for breaching a
preliminary injunction is imprisonment. The court found that since
the article fails to explicitly regulate the judicial remedies
against the ruling of disciplinary imprisonment and given that the
procedures and principles of the examination or trial are not
regulated explicitly, this results in the violation of legal
certainty and the right to legal remedies.
