Newsletter-21

364 NEWSLETTER 2016 The period for application to the regional court of appeal is two weeks as of the date of notification of the subject decision to the par- ties; special provisions regarding the period of application are reserved (CPC art. 345). If the application is filed after the expiry of the period of application, or against a definitive decision, the court that rendered the subject decision shall refuse the petition of application (CPC art. 346). The decision of refusal may be appealed within one week as of its notification. If the relevant regional court of appeal deems that the refusal is not warranted, it examines the subject decision on the basis of the relevant petition. The respondent shall deliver its responses to the petition of appeal within two weeks as of its notification (CPC art. 347). The reply brief may be delivered to the court that rendered the subject decision or to any other court. Art. 328 of the CPC provides that the respondent may appeal the said decision through its reply brief, even if he/she has no standing to file an application, or the period of application has expired. The principle appellant may respond to the relevant petition within two weeks as of its notification. However, if the principle appellant waives its application, or the regional court of appeal refuses its ap- plication on procedural grounds, respondent’s application of appeal shall be refused, as well. The parties may waive their right to appeal after the notification of the subject decision is given (CPC art. 349). Art. 350 of the CPC provides that the application to the appel- late procedure does not suspend the enforcement of the decision in question; accordingly, a decision for the suspension of the enforce- ment shall be obtained pursuant to Art. 36 of the Enforcement and Bankruptcy Code. Appellate Review Firstly, the regional court of appeal reviews whether the file should be reviewed by another chamber, the decision is definitive, the application is filed within the due period, all the conditions for the application are fulfilled, and whether the grounds and reasons for the application are fulfilled or not (CPC Art. 352).