EN SUPREME COURT
Law Office
Based on: 2016/4846
The Verdict: 2016/6835
Decision Date: 13.06.2016
COMPENSATION CASE – CLAIMS TO BE HELD TOGETHER AND THE FIRST COMMERCIAL COURT, THE SPECIAL COURT – AS THE JURISDICTION OF THE COMMERCIAL COURT OF FIRST INSTANCE
SUMMARY: The case relates to a claim for material and moral compensation due to a traffic accident. The liability of the defendant vehicle driver and the defendant company … arises from the same material event, and since the damage is single, the cases should be heard together, and the dispute should be resolved in the commercial court of first instance, which is a special civil court of first instance for all claims. The subsequent separation of cases that should be heard together does not change the transfer rules.
(6102 SK Md. 4, 5, 1483)
Case: Kayseri Commercial Court of First Instance and Kayseri 3rd Dec. about the case regarding the compensation claim between the parties. Due to the fact that the Court of First Instance made a decision of dismissal separately, all the documents in the file sent for the determination of the place of duty were examined and considered necessary:
The case relates to a claim for material and moral compensation due to a traffic accident.
The Kayseri Commercial Court of First Instance, upon the rejection of the case against the defendant company …, issued a decision of dereliction of duty on the grounds that the general provisions should be applied to the other defendants.
Kayseri 3. The Civil Court of First Instance, on the other hand, decided that the case should be heard in the commercial court on the grounds that the separation decision was not in accordance with the procedure and made a decision of dereliction of duty.
1483/1 of the Turkish Commercial Code No. 6102, which was in force on the date of opening of the case. article 4/1-a of the same Law stipulates that insurers cannot avoid compulsory insurance within the scope of the branches in which they operate, without prejudice to the provisions in other laws; and Article 4/1-a of the same Law stipulates that civil cases arising from matters written in the TCC will be considered commercial cases, regardless of whether the parties are merchants or not. 5 of the TCC. on the other hand, unless there is a provision to the contrary in the article, it is attached to the provision that all commercial cases and non-contentious commercial affairs will be handled by the commercial courts of first instance regardless of the value of the thing subject to litigation.
In the concrete case, the plaintiff has filed a lawsuit against the defendant vehicle driver and the insurance company ZMMS insurer regarding material and moral compensation claims arising from a traffic accident that constitutes a tort. The court charged with hearing compensation cases arising from tort is the general civil court, but the court of first instance is the civil court; the case was filed against the insurance company that the other party made ZMMS together with real persons. The defendant company … has been held liable due to the insurance policy and the compulsory insurances are subject to Art. 1483 of the TCC. it is regulated in the articles. 4/1-(a) and 5 of the TCC. in accordance with the provisions of the articles, the commercial court of first instance is responsible for this case of an absolute commercial nature.
In the same event, if the general court is looking at some of the defendants and the special court is looking at the other defendants, if the dispute arises from the same incident and the damage is individual, or if the decision to be made in respect of one of the claims is of a nature that directly concerns the other; if there is no fundamental difference between the said special court and the general court in terms of “trial procedure”, the dispute must be resolved by a special competent court specialized in terms of the parties and all of the claims. Dec.
In this case, the liability of the defendant vehicle driver and the defendant company … arose from the same material event, and if the damage is single, the cases should be heard together and the dispute should be resolved by a special court, the commercial court of first instance, in terms of all claims. The subsequent separation of cases that should be heard together does not change the transfer rules.
Conclusion: For the reasons explained above; 21 of the CCP numbered 6100. and 22. in accordance with the articles of Association, it was decided unanimously on 13.06.2016 to designate the competent court as the Kayseri Commercial Court of First Instance.