Can I get a refund for the excess attorney fees I paid before this decision?

No. Decisions of reversal in the interest of the statute do not retrospectively affect or eliminate the de facto consequences between the parties of a previously finalized local court decision.

Why is the decision in favor of the citizen?

Because it prevents citizens from being under the threat of a high amount "attorney fee" when filing a lawsuit against administrative acts, and guarantees the freedom to seek legal remedies and the right of access to court.

COUNCIL OF STATE RULINGS18 July 2026

A Revolution in Attorney Fees from the Council of State

Official titleDecision of the Eighth Chamber of the Council of State (Danıştay)

The 8th Chamber of the Council of State has reversed the court decision in the interest of the statute, ruling that in lawsuits for the annulment of administrative acts, a fixed attorney fee, not a proportional one, must be awarded for the dismissed portion of the lawsuit.

Details of the Regulation

The Trabzon Administrative Court decided to partially dismiss the lawsuit in a lawsuit for the annulment of a traffic penalty payment order and determined a proportional attorney fee against the plaintiff over the dismissed amount. The Chief Public Prosecutor's Office of the Council of State filed an appeal on points of law in the interest of the statute, asserting that the judgment paragraph of this decision regarding the attorney fee was contrary to law. In its examination, the 8th Chamber of the Council of State reached an important conclusion by evaluating the provisions of the Attorneys' Act and the Minimum Attorneys' Fee Schedule. Due to the nature of administrative lawsuits, the Chamber decided that in cases where the lawsuits are dismissed partially or completely, a fixed attorney fee must be awarded in favor of the administration. Determining a proportional attorney fee over the dismissed portion was found to be contrary to law, and the local court decision was reversed in the interest of the statute in this respect.

REGAS Commentary

This decision eliminates the risk of high judicial costs that citizens may encounter when filing a lawsuit against administrative acts. When citizens file a lawsuit against a high amount administrative sanction or a tax payment order, they will be able to pursue their rights more comfortably, knowing that even if they lose the lawsuit, they will not pay gross proportional attorney fees, but will only pay a set fixed fee. This strengthens the freedom to seek legal remedies and the right of access to court.

Questions You Might Have

Can I get a refund for the excess attorney fees I paid before this decision?: No. Decisions of reversal in the interest of the statute do not retrospectively affect or eliminate the de facto consequences between the parties of a previously finalized local court decision.
Why is the decision in favor of the citizen?: Because it prevents citizens from being under the threat of a high amount "attorney fee" when filing a lawsuit against administrative acts, and guarantees the freedom to seek legal remedies and the right of access to court.

Key Terms

Kanun Yararına Temyiz: An avenue of reversal for judgments that have become final but contain unlawful provisions, in order to ensure the proper application of the statute without affecting the rights of the parties.
Maktu Vekalet Ücreti: An attorney fee determined as a fixed amount in the schedule every year, regardless of the value of the lawsuit.
Nispi Vekalet Ücreti: An attorney fee calculated at a certain percentage rate of the monetary amount or value subject to the lawsuit.

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