Statutory Interest Provision in Article 216/1 of the Customs Law Annulled: Important Constitutional Court Ruling

Statutory Interest Provision in Article 216/1 of the Customs Law Annulled: Important Constitutional Court Ruling

An important development has taken place regarding the statutory interest application that has long been debated in the processes of refunding customs duties and repaying excess collected amounts. The Constitutional Court has annulled the expression statutory interest in Article 216/1 of the Customs Law along with the relevant portion enabling the application of this paragraph.

What does the annulment ruling cover?

The annulment ruling directly concerns the interest calculation to be applied when amounts such as customs duties and related late payment interest or late payment surcharges collected in excess or without justification are to be repaid to the operator. Under the existing regulation, interest at the statutory interest rate was envisaged for the period from the date of the repayment application to the notification of the repayment decision.

Why did the Constitutional Court annul the provision?

The central reasoning highlighted in the Constitutional Court's assessment is as follows. The statutory interest rate may not always be sufficient to compensate for the loss in the value of money in high inflation environments. For this reason, the absence of an effective mechanism to cover the loss suffered by a person due to the late payment of their receivable may create a problem in terms of the right to property.

What will change?

The most practical consequence of this ruling is that the statutory interest application, which served as the basis for interest calculation in customs repayment processes, will no longer be able to continue in the same form. With the entry into force of the ruling, a new assessment period will begin for both the administration and operators, and how the application will take shape will be closely monitored.

Why is this ruling important in summary?

It represents a critical turning point in terms of interest calculation on amounts refunded late in customs procedures. It constitutes a strong precedent in disputes over loss of rights for operators. It increases the possibility of a change in application in customs duty refund processes.