ARTICLE
5 January 2016

Turkey To Raise The Threshold For Consumer Courts By 5.58% In 2016

EA
Esin Attorney Partnership

Contributor

Esin Attorney Partnership, a member firm of Baker & McKenzie International, has long been a leading provider of legal services in the Turkish market. We have a total of nearly 140 staff, including over 90 lawyers, serving some of the largest Turkish and multinational corporations. Our clients benefit from on-the-ground assistance that reflects a deep understanding of the country's legal, regulatory and commercial practices, while also having access to the full-service, international and foreign law advice of the world's leading global law firm. We help our clients capture and optimize opportunities in Turkey's dynamic market, including the key growth areas of mergers and acquisitions, infrastructure development, private equity and real estate. In addition, we are one of the few firms that can offer services in areas such as compliance, tax, employment, and competition law — vital for companies doing business in Turkey.
In Turkey, consumer complaints against sellers and manufacturers may only be brought in Turkish consumer courts if the amount in dispute is above a certain threshold.
Turkey Consumer Protection

Recent development

In Turkey, consumer complaints against sellers and manufacturers may only be brought in Turkish consumer courts if the amount in dispute is above a certain threshold. These thresholds are set shortly before the beginning of each calendar year. Consumer complaints below the jurisdictional thresholds may only be brought in a consumer arbitral tribunal. On December 20, 2015, Turkey set the threshold for 2016 in its Communiqué on Raising the Monetary Limits Set Forth in Article 68 of the Consumer Protection Law and Article 6 of the Consumer Arbitral Tribunals Regulation, raising the thresholds by 5.58%.

Consumer complaints below the threshold of TRY 3,480 (approx. USD 1,200) must be submitted to consumer arbitral tribunals, whereas those above this threshold must be submitted to consumer courts.

Possible implications

From January 1, 2016, if a consumer fails to submit his/her complaint to the appropriate consumer arbitral tribunal or consumer court, his/her application will be subject to rejection at the preliminary examination phase. This would also allow defendant companies to raise a valid objection.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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