Turkey has clarified procedural steps for consumer disputes. Previously, the requirement to approach consumer arbitration committees for disputes below certain monetary limits was open to being interpreted as an obstacle to pursuing enforcement proceedings without a judgment. However, recent amendments to Consumer Law number 6502 make it clear that consumers’ rights under enforcement and bankruptcy laws are reserved in this context. The monetary limits for disputes which can be bought to consumer arbitration boards have also been increased for 2018.
There are two main types of enforcement actions available in Turkey, intended respectively for circumstances where a judgment exists and where a judgment does not exist.
Consumer arbitration boards exist in Turkey to settle disputes arising from consumer law (Article 68 of the Consumer Protection Law number 6502). At least one such board must be formed in each city center and borough, with each type of board subject to separate monetary jurisdiction limits based on its location. From 20 December 2017, monetary limits for consumer arbitration boards will be as follows:
- Claims below 4,000 Turkish Lira: must be referred to borough arbitration boards.
- Claims below 6,000 Turkish Lira: must be referred to city arbitration boards.
- Claims between 4,000 to 6,000 Turkish Lira: must be referred to city arbitration boards in cities with metropolis status.
The amendments were made by Law number 7063 Amending Certain Laws, published in Official Gazette number 30276 on 20 December 2017, entering into force on the same day.
Please see this link for the full text of the amendments (only available in Turkish)
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.