The Ministry of Transport and Infrastructure violated the authority given to the Istanbul Metropolitan Municipality (IMM) with the law numbered 5216 to “make, have and plan all public transportation services” with the circular it published. The unlawfulness brought to the judiciary started with the tender for the transportation services of Sabiha Gökçen Airport.
DOES NOT COMPLY WITH CONDITIONS
The tender for transportation services from the airport to the city center was made by IETT. The Ministry of Transport issued the circular numbered 2021/5 and gave the authority to open a tender for the delivery of transportation services to the private companies operating the airport, from the IMM. Havabus won the tender opened by IMM in 2011 for transportation to Sabiha Gökçen Airport. After the circular, the company operating the airport also opened a tender and gave transportation services to Havaist.
The conditions determined by the Ministry of Transport and Infrastructure were not taken into account in the tender, which was made based on the circular. Despite the conditions in the circular, “Ministry’s authority, place allocation, UKOME decision”, Havaist company, which won the tender, started to work and generate income without the UKOME decision.
IMM WINS THE CASE
IMM filed a lawsuit to stay the execution of the circular. The 8th Chamber of the Council of State found the objections of the IMM justified, saying, “It cannot be interpreted in a way that would abolish the authority given to the municipalities by law”. It was decided to stay the execution of the circular issued by the Ministry. However, the decision of the Council of State was not implemented.
IMM, on the other hand, started to impose administrative fines against the company that illegally opened a stop in the city, took passengers and made transportation.
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