A significant decision has been published in the Official Gazette dated April 16, 2025, by the Council of Unification of Case Law of the Council of State regarding the commencement date of interest on amounts amended through case amendment. According to the decision, in full remedy actions, the commencement date of interest for the amended amount will be the same as the date for the initially claimed amount before the amendment. This article discusses the Council of State’s Unification of Judgments decision numbered 2021/5 E. and 2024/2 K. and the reasoning behind it.
Dispute Among Courts Regarding Interest Start Date After Case Amendment
There had been a conflict among the chambers of the Council of State concerning when interest should begin on amounts amended in full remedy actions. This issue was brought before the Council of Unification of Case Law, and the conflict between chambers was resolved through a unification of judgments decision.
In decisions dated 2019, 2020, and 2021, the 2nd, 8th, 10th, and 12th Chambers of the Council of State stated that interest on the amended amount should be calculated from the date the petition was notified to the administration. In decisions from 2020 by the 2nd and 6th Chambers, it was stated that interest should be calculated from the date the amendment entered the court record. Meanwhile, the 8th and 10th Chambers, in decisions from 2021 and 2023, held that interest should accrue from the date the administration defaulted — namely, the date of application to the administration.
As can be seen, there was no consistent approach among the high courts regarding when interest should begin to accrue after an amendment. Some rulings suggested interest should start from the date the amended petition was notified to the administration, others from when the amendment was filed with the court, and some suggested the interest should apply from the same date as the original request, regardless of the amendment.
The Council of State’s Previous Ruling on the Matter
In a 2020 decision, the Council of State’s Administrative Litigation Chambers ruled that an amendment petition does not constitute a new lawsuit. It was emphasized that the amount increased through amendment reflects the actual damage the plaintiff intended to claim, and that this damage did not arise on the date of the amendment but rather on the date of the incident or the initial application to the administration. Thus, the entire compensation amount should accrue interest from the date of application to the administration. Indeed, damages arise on the date the unlawful administrative act or action takes place, and the actual damage is determined by expert reports and can be claimed via amendment.
Resolving the Dispute Among Higher Courts
To ensure legal certainty and a standardized approach, it became necessary to issue a unification of judgments decision regarding the commencement of interest after case amendment. In the opinion presented by the Chief Public Prosecutor of the Council of State, it was noted that amendments allow the parties to reach their actual intended claim amount and prevent loss of rights. It was emphasized that increasing the amount does not change the legal status of the case at the time of its filing. Moreover, it was stated that there is no need for a new default by the administration, as the administration is already in default as of the date of the wrongful act. Therefore, the date the amendment is submitted does not affect the date the damage occurred.
As a result, in full remedy actions arising from both administrative acts and actions, since procedural steps related to amount increases are not linked to default, the same interest applied to the initially claimed amount should also apply to the increased amount after amendment.
Binding Effect of the Decision
The Council of Unification of Case Law of the Council of State, adopting the views of both the Chief Public Prosecutor and the Administrative Litigation Chambers, decided that in full remedy actions filed for the compensation of damages arising from administrative acts and actions, if the amount is increased, the same interest commencement date that applies to the original amount shall also apply to the increased amount. This decision is binding on all courts and must be followed.
Thanks to this ruling, individuals who suffer damages as a result of administrative acts or actions may file initial claims for smaller amounts and, after receiving expert reports during the proceedings, amend their claims and receive interest on the entire amount from the date of the original request.
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