In the decision of the Council of State 13th Champer case numbered 2020/84, decision numbered 2020/3021 dated 04/11/2020, evaluations were made regarding the temporary trading ban in the stock exchanges. Regarding the persons who are responsible for the transactions of market fraud in the "Denge" share market, article 107/1 of the Capital Market Law. A criminal complaint has been filed with the prosecutor's office in order to take action within the scope of the article. In addition, the persons against whom a criminal complaint was decided, and the owners of the accounts in which the criminal transactions were carried out, including the plaintiff's account, were prohibited from making temporary transactions in the stock exchanges for 2 years pursuant to the second paragraph of Article 6 of the Communiqué. The plaintiff argued that the action in question was not notified to the plaintiff and plaintiff's defense was not taken. The plaintiff stated that the decision on the prohibition of transaction was based on the Notification, not the Law. The plaintiff stated that the imposition of a 2-year trading ban even though he was not filed a criminal complaint was out of proportion and that the justification of the administrative act was unlawful in the court decision subject to appeal. The plaintiff filed an appeal claiming that he was not directly or indirectly related to manipulative transactions, and that the action applied was an administrative sanction with a punitive dimension, not an administrative measure. Although it was stated that a transaction in the nature of an "administrative measure" was instituted, it was realized that the subject transaction had the nature of an "administrative sanction". With the Communiqué, which entered into force three months after its publication in the Official Gazette dated 21/01/2014 and numbered 28889, it is against the law to apply the rules regarding "administrative measures" foreseen in this Communiqué to the action committed in 2013. For this reason, the Council of State accepted the plaintiff's appeal request.