Litigation 2025

TÜRKIYE Law and Practice Contributed by: Faruk Aktay and Ayşe Müge Aktay, Aktay Law Firm

10. Appeal 10.1 Levels of Appeal or Review to a Litigation In Türkiye, there are higher courts that can be appealed to to review the decisions of the first instance court. The first of these is the Court of Appeal (regional court of justice). An appeal allows the case to be examined from both a sub- stantive and a legal perspective. The time limit for an appeal is two weeks from the notification of the reasoned decision of the first instance court. The next highest court is the Court of Appeal (the Court of Cassation). An appeal can be filed against the decisions of the regional court of jus- tice. At the appeal stage, it is checked whether Turkish law has been applied correctly. The appeal must be lodged within two weeks from the notification of the decision of the Court of Appeal. Another way that the party who thinks that the decision given as a result of the appeal application is wrong can apply is the correction of decision. The application can be made within 15 days from the notification of the Court of Cassation decision. The highest court of appeal in Turkish law is the Constitutional Court. If one of the par- ties thinks that fundamental rights and freedoms have been violated after exhausting all domestic remedies, they can make an individual applica- tion to the Constitutional Court. The individual application period to the Consti- tutional Court is 30 days from the notification of the final decision. Finally, after exhausting all domestic remedies in Türkiye, if the party still believes that their rights have been violated, they can apply to the European Court of Human Rights. The application to the European Court of

enforcement proceedings. A petition for enforce- ment proceedings is submitted. If enforcement proceedings begin after this petition, the debtor may object to the proceedings. The objection process causes the enforcement proceedings to stop. During these proceedings, movable and immov- able property and, if deemed necessary, salary seizure are applied. If the debtor does not com- ply with the enforcement process, enforcement penalties are applied. At the end of this process, if the debtor has still not made a payment, the creditor may initiate enforcement proceedings again. 9.5 Enforcement of a Judgment From a Foreign Country In order for a foreign court judgment to be enforceable in Türkiye, it must be recognised by the Turkish courts. For this recognition, the relevant person or party must apply to the court and request recognition and enforcement. The relevant enforcement court in Türkiye is author- ised for this procedure. The party requesting recognition and enforce- ment must submit a petition to the court. The court evaluates this petition according to wheth- er the decision is contrary to Turkish public order and morality, the jurisdiction of the foreign court and whether it is based on a legal system valid in Türkiye. When these conditions are met, the recogni- tion takes place, and the judgment becomes enforceable. With the decision of the enforce- ment court, enforcement proceedings begin.

1420 CHAMBERS.COM