TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm
appeal the decision within two weeks of being notified of the decision. 3.7 Representative or Collective Actions Class actions are possible and are most com- monly seen in the context of consumer and labour law disputes. In terms of class actions in consumer disputes, Consumer Law No 6502 is relevant. Under the Consumer Law, consum- ers can apply to protect their collective inter- ests against transactions. In order to file a class action, the claims must be similar and the per- son representing their interests must have the authority to do so. Class actions in labour disputes usually resolve around issues of unfair termination or a violation of labour rights contained in the Labour Law. In the Turkish legal system, class actions are restricted in other areas. 3.8 Requirements for Cost Estimate The requirements to provide clients with a cost estimate of the potential litigation at the outset are contained in the Lawyers Law and the CPC. The principle of transparency requires informa- tion about potential costs to be given. Lawyers have an obligation to inform their clients about legal fees, court costs and any subsequent consequences. They should provide information about the financial risks and, in the event of high costs, suggest alternative solutions.
tive relief and evidence from the court in order to protect their interests. Unless otherwise agreed, during the arbitration proceedings, the arbitrator or the arbitral tribunal may, upon request, order interim injunctive relief or discovery of evidence. As stated in Article 390 of the CPC, interim injunctive relief will be requested from the court having jurisdiction and competent jurisdiction on the merits, or from the court where the case is heard after the lawsuit is filed. During the interim application process, the par- ty requesting the injunction must apply to the court with a petition explaining the reasons for the request and the situation. A decision is made on the request based on the evidence present- ed and the arguments of both parties. Interim applications are usually made in circumstances where the situation requires immediate action. Decisions rendered in interim applications can be appealed. 4.2 Early Judgment Applications Parties may request an early ruling on certain issues or request that the request be rejected prior to the trial. It takes place during the pre- liminary preparation phase. The party requesting early judgment must present evidence support- ing the request for early judgment. If the court finds this evidence sufficient to establish the relevant facts, it may grant an early judgment. As a result of the request for the case to be dis- missed, the other party may file a request for dismissal of the case based on the grounds of non-existence, inadmissibility and procedural deficiencies. Upon this request, the court may request a hearing to allow both parties to present arguments. In both of these cases, the court will
4. Pre-trial Proceedings 4.1 Interim Applications/Motions
It is possible to file interim applications. The par- ties may request injunctive relief, interim injunc-
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