Introduction
The Constitutional Court of the Republic Of Turkey
("Constitutional Court" or "Court) has decided to
cancel a provision under the Art. 398 of the Turkish Code of Civil
Procedure ("Procedural Code") regulating the penalty of
not complying with the execution of preliminary injunctions on the
ground of it is unconstitutional. The decision of cancellation was
published on the Official Gazette on February 20, 2019.
What was the legislation on the penalty concerning
non-compliance with the execution of preliminary injunctions?
The subject article 398 of the Procedural Code is as
follows;
"(1) The person who does not comply with the execution
order of the preliminary injunction or acts against the decision of
preliminary injunction shall be sentenced to a disciplinary
imprisonment of 1 to 6 months. If the main action is not filed, the
competent court shall be the court deciding on the preliminary
injunction; if the main action is filed, it shall be the
