T.R. SUPREME COURT
- Law Office
Basis: 2016/4846
Decision: 2016/6835
Decision Date: 13.06.2016
ACTION FOR DAMAGES – CLAIMS TO BE HELD TOGETHER AND THE DISPUTE TO BE RESOLVED BY THE PRIMARY COMMERCE COURT, THE SPECIAL COURT – AS THE JURISDICTION OF THE COMMERCIAL COURT OF FIRST INSTANCE
SUMMARY: The case is about the request for pecuniary and non-pecuniary damages due to a traffic accident. The liability of both the defendant vehicle driver and the defendant company … is caused by the same material event, and the damage is unique, so the cases must be heard together and the dispute must be resolved by the special court of first instance, the commercial court of first instance, in terms of all claims. The subsequent separation of cases that must be heard together does not change the rules of the assignment.
(6102 S. K. Art. 4, 5, 1483)
Litigation: Due to the separate decision of non-jurisdiction by the Kayseri Commercial Court of First Instance and the Kayseri 3rd Civil Court of First Instance regarding the lawsuit regarding the claim for compensation between the parties, all the documents in the file sent for the determination of the place of jurisdiction were examined and the necessary was considered:
The case is about the request for pecuniary and non-pecuniary damages due to a traffic accident.
Kayseri Commercial Court of First Instance, after the case regarding the defendant company … was dismissed, a decision of non-jurisdiction was given on the grounds that general provisions should be applied for the other defendants.
Kayseri 3rd Civil Court of First Instance, on the other hand, gave a decision of non-jurisdiction on the grounds that the separation decision was not in accordance with the procedure and that the case against all defendants should be heard in a commercial court.
1483/1 of the Turkish Commercial Code No. 6102 in force as of the date of the lawsuit. In the article, it is stated that without prejudice to the provisions of other laws, the insurers cannot avoid making compulsory insurances within the scope of the branches in which they operate; In article 4/1-a of the same Law, it is regulated that, regardless of whether the parties are merchants, civil lawsuits arising from the issues stipulated in the TCC will be considered commercial lawsuits. Article 5 of the TCC, on the other hand, stipulates that commercial courts of first instance are in charge of dealing with all commercial cases and uncontested commercial matters, regardless of the value of the subject matter, unless there is a provision to the contrary.
In the concrete case, the plaintiff filed a lawsuit against the vehicle driver defendant and the insurance company, which is the ZMMS insurer, in relation to the claims for pecuniary and non-pecuniary damages arising from the traffic accident constituting a tortious act. Although the court in charge of compensation cases arising from tortious acts is the court of first instance, which is the general law court; The lawsuit has been filed against the insurance company that the other party has taken out ZMMS together with natural persons. The defendant company … has been held liable due to the insurance policy, and compulsory insurances are covered by TTK’s 1483 et al. regulated in the articles. In accordance with Articles 4/1-(a) and 5 of the TCC, the commercial court of first instance is in charge in this case of absolute commercial nature.
In the same case, if the general court is responsible for some of the defendants and the special court is for the other defendants, if the dispute arises from the same event and the damage is unique or if the decision to be made in terms of one of the claims is of a nature to directly concern the other; Provided that there are no fundamental differences regarding the “trial procedure” between the said special court and the general court, the dispute should be resolved by a special competent court that is specialized in terms of all parties and claims.
In that case, the responsibility of both the defendant vehicle driver and the defendant company … is caused by the same material event, and the damage is unique, the lawsuits should be heard together and the dispute should be resolved by the special court, the commercial court of first instance, in terms of all claims. The subsequent separation of cases that must be heard together does not change the rules of the assignment.
Conclusion: For the reasons explained above; It was unanimously decided on 13.06.2016 that the Kayseri Commercial Court of First Instance be determined as the JURISDICTION pursuant to Articles 21 and 22 of the HMK numbered 6100.
