The Council of State gave the decision which is expected hotly by Turkey and the market, dismissing the motion for stay claim in Turkey Haber-İş Union’s case against the decision of bidding commission on July 4, 2005 that sales % 55 of Turk Telecom’s shares with a block contract. That decision was very important step in the Turkish Telecom privilization process.
In the decision of 13th Department of The Council of State, claim for motion for stay is dismissed by majority of votes. Reasoned decision is announced to parties’ lawyers.
Plaintiff Haber-İş Union has the right of objection to the decision. In case of an objection, Plenary Session of the Administrative Law Divisions will overview the decision. However, according to the ambiance we get from legists, change of the decision is not common in precedents.
The decision is just given on the claim to motion for stay; the action for rescission is announced to be continuing and it’s expected to last for at least 6 months and may be for 2 years. But, according to some, general point of view to the case is already clear with this “dismissal” to the “claim to motion for stay.
On the other hand, the task agreement that Turk Telecom signed with Telecommunication Enterprise when Turk Telecom was a government agency, is turning into a privilage agreement with privatization. The privilage agreement is announced to be signed tomorrow. It’s also talked that the handover process, which is planned to be held the other day, will be held within the week starting at November 7.
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