Newsletter-21

367 Challenging Decisions of the Regional Courts of Appeal* Att. Tilbe Birengel Introduction By the inauguration of the Regional Courts of Appeal (“RCA”) on July 20th, 2016, a change has been made from the two-tier appel- late review system to one that is three-tier. Accordingly, the Courts of First Instance (“CFI”) decisions given prior to July 20th, 2016 will be subject to the appellate articles of the abrogated Civil Procedure Code 1 . To the contrary, the CFI decisions given as of July 20th, 2016 will be subject to the appellate articles that are in effect in the Civil Procedure Code 2 (“CPC”). This article covers the substantial parts of the three-tier appellate system and its diverging parts from the former system. The Decisions of the RCA That Can Be Subject to the Review of the CoA The ordinary appellate review system against the decisions of the RCA is the review before the Court of Appeal (“CoA”), which is stated at articles 361 to 373 of the CPC. However, only the decisions of the RCA that are not stated in Article 362 of the CPC is subject to the review of the CoA. The Decisions of the RCA That Are Not Subject to the Review of the CoA According to Article 362 of the CPC, the following are not sub- ject to the review of the CoA: * Article of November 2016 1 July 4th, 1927 dated; 622, 623 and 624 numbered Official Gazette. 2 February 2nd, 2011 dated, 27836 numbered Official Gazette. LAW OF CIVIL PROCEDURE AND ENFORCEMENT AND BANKRUPTCY