What Is a Full Remedy (Compensation) Action?

A person who has suffered harm because of an act or action of the administration can bring a full remedy action before the administrative courts to obtain compensation for that harm. Unlike an annulment action, the aim here is not to set aside the act but to obtain compensation directly.

The Subject Matter of a Full Remedy Action

Under Article 2/1-b of the Administrative Procedure Law (İYUK), a full remedy action is brought by persons whose personal rights have been directly harmed by administrative acts and actions. The harm may arise from a flawed administrative act, or from an actual action of the administration — for example, the defective operation of a public service.

It May Be Filed Together With or Separately From an Annulment Action

Where an administrative act has caused harm, a full remedy action may be filed together with an annulment action, or separately after the annulment action has concluded and become final. Where the harm arises from an administrative action, the full remedy action is pursued directly.

The Requirement to Apply to the Administration Before Filing

For harm arising from administrative actions, under İYUK Art. 13, a written application must be made to the relevant administration before filing suit, within one year of learning of the harm and, in any event, within five years of the action. If the administration rejects the application, expressly or by implication, a lawsuit may be filed within sixty days.

The Scope of Compensation

In a full remedy action, in addition to material damages, moral damages may also be claimed where the conditions are met. The court decides having regard to whether the administration was at fault, and in certain cases by applying principles of strict liability — such as the social-risk principle.

Practical Recommendations

Demonstrating your harm and the causal link between that harm and the administration's act or action with concrete evidence (expert reports, invoices, medical records, etc.) is critical to the success of the case. Since the deadlines are strict, it is advisable to consult a lawyer as soon as you become aware of the harm.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.