EN SUPREME COURT
Law Office
Originally: 2016/3094
The Verdict: 2016/3597
Decision Date: 21.06.2016
NOTICE OF OBJECTION ACTIONS – BOTH PARTIES ARE TRADERS AND ARE ASSOCIATED WITH THE COMMERCIAL ENTERPRISE OF THE PARTIES – INVALIDATION OF THE PROVISION
SUMMARY: In a concrete dispute, the plaintiff is a subcontractor and the defendant is a contractor (provider). In this case, although the dispute arises from the work contract, the dispute between the parties does not remain within the scope of consumer law. Dec. On the other hand, it should be examined whether the commercial court of first instance is an official or not.
Since the plaintiff’s attorney declares in the appeal petition that the defendant is a merchant registered in the Trade Registry, and the plaintiff client is a civil engineer and operates in the field of interior architecture and decoration, it is understood that both parties are merchants and are related to the commercial enterprise of the parties. In this case, while the court should have examined the merits of the case and collected the evidence of the parties and decided according to the result, otherwise it was not correct to make a decision of dismissal and it was deemed appropriate to overturn the decision.
(6502 SK Md. 1, 73)
Case: The examination of the above-mentioned appeal provision was requested by the plaintiff’s attorney and it was understood that it was granted within the time limit of the appeal petition.
The dispute arises from the work contract, and the plaintiff subcontractor requested the cancellation of the follow-up objection with a request for collection of unpaid work pay from the defendant contractor.
1 of the Consumer Protection Law No. 6502, which was in force on the date of opening of the case. in its article, “The purpose of this Law is to protect the consumer’s health and safety, economic interests, compensate for damages, protect from environmental hazards, enlighten and raise consumer awareness in accordance with the public interest, encourage consumers’ self-protective initiatives and support voluntary organizations in policy-making on these issues.
” The definition is titled 3. the provision of article (1); A natural or legal person, including public legal entities, providing services to the consumer for commercial or professional purposes or acting on behalf or account of the service provider, (k) a consumer; a natural or legal person acting for commercial or non-professional purposes, (l) a consumer transaction; they, including works, transportation, brokerage, insurance, proxy, banking and similar contracts made between consumers and natural or legal persons operating in the goods or services markets or acting for commercial or professional purposes, including public legal entities.
Dec.11. The legal entity, including the legal entity, is a real or legal entity acting on behalf of the service provider, or on behalf of the service provider, is a real or legal entity acting on behalf of the service provider, including a public legal entity, is a real or legal entity acting on behalf of the service provider, including a public legal entity, is a real or legal entity acting on behalf of the service provider, including a public legal entity, is a real or legal entity acting on behalf of a public entity, is a real or legal entity acting on behalf of a public entity.
There are all kinds of contracts and legal transactions, including arrangements. In order for a legal transaction to be considered a consumer transaction, it must comply with the definitions mentioned above. Taking into account the described issues, one of the parties must be the consumer and the other party must be the seller-provider in order to understand that the employment relationship agreement is also covered by the Consumer Protection Law. If these conditions exist, it can be said that the consumer transaction and ultimately the competent court are the “consumer court”.
The subject of the duty is related to public order and is a matter that should be taken into account by the court at every stage of the trial, and there cannot be an acquired right to the duty. 73/1 of the Law No. 6502. according to its article, consumer courts, otherwise general courts, are responsible for disputes evaluated within the scope of this law.
In a concrete dispute, the plaintiff is a subcontractor and the defendant is a contractor (provider). In this case, although the dispute arises from the work contract, the dispute between the parties does not remain within the scope of consumer law.
Dec. On the other hand, it should be examined whether the commercial court of first instance is an official or not. Since the plaintiff’s attorney declares in the appeal petition that the defendant is a merchant registered in the Trade Registry, and the plaintiff client is a civil engineer and operates in the field of interior architecture and decoration, it is understood that both parties are merchants and are related to the commercial enterprise of the parties. In this case, while the court should have examined the merits of the case and collected the evidence of the parties and decided according to the result, it was deemed appropriate to issue a written decision of dismissal and overturn the decision.
Conclusion: It was unanimously decided on 21.06.2016 to overturn the appealed judgment for the reasons explained above, and to return the appeal fee paid to him at the request of the plaintiff without the possibility of correction.