What it means for you
If your dispute is a commercial one, this is where it belongs. TTK Article 5(1) provides that, unless otherwise provided, the commercial court is competent for all commercial actions and commercial non-contentious matters regardless of the value or amount claimed. Whether your dispute is 'commercial' is decided by TTK Article 4, which covers civil actions arising from matters relating to the commercial enterprises of both parties, and — irrespective of whether the parties are merchants — matters under the Commercial Code itself, intellectual property legislation, and the rules on banks, credit institutions and money lending, among others.
Commonly confused with
It is not a question of preference, and it is not venue. TTK Article 5(3) states that the relationship between the commercial court and the civil court of first instance is one of görev — subject-matter jurisdiction — so the procedural rules on jurisdiction apply and the court raises the point itself. One exception is worth knowing: under Article 5(4), in a judicial district where there is no commercial court, failing to rely on the jurisdiction rule does not require a decision of lack of jurisdiction, and the civil court continues with the case. Two further points catch foreign claimants: TTK Article 5/A makes prior application to a mediator a condition of the action in commercial claims for a sum of money, compensation, annulment of objection, negative declaration and restitution; and TTK Article 4(2) applies the simplified trial procedure below a monetary threshold that is uprated over time.
Where you meet this word
On the heading of your case file, in the mediation report you must file with a commercial money claim, and in any opinion telling you which court a contract dispute belongs to.
Statute: Turkish Commercial Code (TTK) No. 6102
How we help with this: Commercial & Contract Law
