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Series011 SectionCarat Date27 June 2026 Reading time1 minute

90-day notice served by SMS: Constitutional Court finds a violation

The Constitutional Court held that the right to a reasoned decision had been violated because the objection that the 90-day notice had been served by SMS was not addressed.

What changed

The Constitutional Court delivered a finding of a violation in a case where the 90-day notice, sent for the closure of an export account, had been served by SMS.

The violation was found in respect of the right to a reasoned decision (Article 36 of the Constitution): the criminal judgeship of peace (sulh ceza hâkimliği) had not addressed at all the objections that the notice had been served by SMS, that there was no registered electronic mail (KEP) address and that the prosecutor's decision had been served on a third party. The Constitutional Court ordered a retrial; it made no finding on the merits as to the validity of service by SMS. The decision shows that objections concerning service must be answered by the courts with reasons.

Basis

Constitutional Court · Application No. 2022/54500 · decision of 4 December 2025 · Official Gazette of 16 February 2026, No. 33170

Effect

For the applicant, the decision results in a retrial (Law No. 6216, Article 50); it can be relied on as precedent in similar cases.

Who is affected

Exporters · all firms engaged in foreign trade · those on whom a foreign exchange administrative fine has been imposed

What to do

If proceedings have been brought against you because of an open export account, check in the file how the 90-day notice was served on you. Raise the irregularity of service in your petition of objection, at the first opportunity and with reasons.

Legislation changes; so does this article. This article was prepared on the basis of the legislation in force on the date of its publication. Amounts, rates, thresholds and time limits marked with are subject to change. Do not carry out any transaction on the basis of this article.

Related page: Importers and Exporters

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