On 28th July 2020, the Code numbered 7251 amending the Turkish Civil Procedure Code and other relevant Codes was published on Official Gazette Nr. 31199. One of the most significant changes is the introduction of the mandatory mediation on consumer disputes.
The Code numbered 7251 has amended Turkish Consumer Protection Code numbered 6502 by adding Article 73/A. Therefore, mediation on consumer disputes amounting to TRY 10,390.00 and above has become mandatory. TRY 10,390.00 is the current amount stipulated for 2020 and shall be revised each year according to revaluation rate. In addition, mediation on consumer disputes in which the claim value is not determined also has become mandatory.
Since mandatory mediation is a “procedural requirement”, lawsuits shall be dismissed without prejudice in case consumers do not apply to mediator before filing a suit to the court.
Nevertheless, the mandatory mediation is not applied to consumer disputes amounting below TRY 10,390.00 objections to decisions of consumer arbitration committee, interlocutory injunctions, cases regarding suspension of production or sales and recall, disputes regarding real estate which partakes of consumer transaction and cases filed by the Turkish Ministry of Commerce, consumer organizations and/or relevant institutions and organizations to prevent breach of the Turkish Consumer Protection Code.
In addition, consumers are exempted from legal expenses and mediation costs. Legal expenses and mediation costs that consumers should cover are to be borne by the Turkish Ministry of Justice. However, in case the mediation process is decided in favor of the consumer, then the defendant is obliged to cover the respective mediation costs.
In conclusion, the consumers must apply to mediator for disputes which meet the criteria for mandatory mediation before applying to the Consumer Courts. Otherwise, the disputes on Consumer Courts are to be dismissed without prejudice and it will cause loss of time for consumers who would like to get a fair shot.
For more information and questions:
Att. Fulden Melis Şenocak – [email protected]
www.hansu.av.tr | +90 216 464 12 12
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-Hansu Law Office is a law firm serving domestic and foreign clients especially in the field of real estate, corporations, tax, energy, and intellectual property law. This bulletin has been prepared to share developments in the field of law in Turkey. The bulletin should not be considered as a legal opinion or guidance. The opinion of legal counsel should be sought with respect to specific questions and issues.