T.C. THE DECISION OF THE SUPREME COURT
20.law office
Base: 2016/2982
Decision: 2016/5377
Date of Decision: 11.05.2016
THE CASE OF CANCELLATION OF THE APPEAL – THAT THE DISPUTE AROSE FROM THE BANK CREDIT CARD AGREEMENT – THAT THE DISPUTE SHOULD BE SETTLED BY THE CONSUMER COURT IN ACCORDANCE WITH THE LAW
ABSTRACT: In the concrete case, the dispute arises from the bank’s credit card agreement; the case is filed after the entry into force of the Law on Consumer Protection No. 6502 ………. it was opened in its history. The defendant is not a trafficker and is subject to the Law No. 6502 ……….. according to the article, it is the consumer. In this form, the dispute is governed by the said law ………… in accordance with its articles, it must be resolved by the consumer court.
(5464 Pp. K. m. 44) (4077 p. K. m. 22, 23) (6100 P. K. m. 447) (6502 Pp. K. m. 3, 73, 83) (6100 pp. K. m. 21, 22)
Case and Decision8 Izmir in the case of cancellation of the appeal between the parties. Consumer and Izmir 5. All the documents in the file sent to determine the place of jurisdiction due to the fact that the Commercial Courts of First Instance decided to dismiss them separately were examined and considered as necessary:
The case concerns the request for cancellation of the appeal.
Izmir 8. 44/2 of the Bank Credit Cards Law No. 5464, which entered into force on 01/03/2006 by the Consumer Court. by referring to the article, a provision has been established for dismissal.
Izmir 5. The Commercial Court of First Instance, on the other hand, has established a provision for dismissal on the grounds that consumer courts are in charge in accordance with Law No. 6502, where the dispute is caused by consumer action.
44 of the Law on Bank Cards and Credit Cards No. 5464, which entered into force on 01.03.2006. in the first paragraph of article 22 and 23 of the Law No. 4077 on Consumer Protection in cases to be filed by the “card holder who is a consumer”. in the second paragraph, the ”card issuing organizations” shall be responsible for the cases to be filed against the cardholder by the HUMK No. 1086 (HMK No. 6100, 447/2. since it is stated in the article that references to HMK made by other laws will be considered made to HMK, as of 01.10.2011, this reference should be understood as HMK) its provisions regarding duty and authority will apply. 43 of the Same Law. in its article, ”about corporate credit cards issued to merchants” 44. an exception has been made to the main rule by stating that the provisions of the article will not be applied.
However, in Article 3/1-(k) of the Law No. 6502 on Consumer Protection, which entered into force on 28.05.2014, natural or legal persons acting for commercial or non-professional purposes are called “consumers”; 3/1-(l) the articles in markets for goods or services, including public entities, commercial or professional purposes, or acting for or on behalf established between natural or legal persons who act on her behalf and consumers, work, transportation, brokerage, insurance, attorneys, banking and all kinds of similar contracts, including contract and legal processes “consumer transactions” has been substantially expanded the scope of law and accepted as a consumer. 73/1 of the Same Law. while the article states that consumer courts are in charge of ”cases related to disputes that may arise from consumer transactions and consumer-oriented practices”; 83/2. the article also contains the provision ”the fact that there is regulation in other laws related to transactions established by a consumer in one of the parties does not prevent this transaction from being considered a consumer transaction and the implementation of the provisions of this Law on duties and powers”. Provisional version of the Law-1/1. article 44 of Law 5464 on cases filed before 28.05.2014 states that ”cases filed before the date of entry into force of this Law“ will continue to be heard in the courts where they were filed”. the provisions of the duty in the article will continue to apply. Law No. 6502 allows you to perform all banking operations without distinction, such as a cardholder or card issuer (m. except for traders who are not covered by 3/1-k) and 83/2, which are covered by the law. as the rules of duty in other laws against the provision of Article 6502 will not be applied in disputes covered by this law, the court in charge of cases filed after the entry into force of Law 6502 will be the consumer courts.
In the concrete case, the dispute arises from the bank’s credit card agreement; the case was filed on 16/12/2014 after the entry into force of the Law No. 6502 on Consumer Protection. The defendant is not a trader, but a consumer in accordance with Article 3/1-k of Law No. 6502. As such, the dispute is governed by articles 73/1 and 83/2 of the said law. in accordance with its articles, it must be resolved by the consumer court.
Conclusion: For the reasons described above, HMK No. 6100 has 21 and 22. according to the articles of Izmir 8. The determination of the Consumer Court as the place of jurisdiction was made unanimously on 11.05.2016.
