Supreme Court of the Republic of Turkey
13. Law Office
Basis: 2019/ 2478 Decision: 2019 / 11298
Decision Date: 14.11.2019
JUDICIARY DECISION
COURT: … 3rd Civil Chamber of the Regional Court of Justice
between the parties
recognition> and
At the end of the execution of the enforcement case, as a court of first instance due to the reasons written in the verdict … Regarding the rejection of the appeal on the merits against the decision given by the 9th Civil Court of First Instance with the decision numbered 2018/78 and decision number 2018/223 … Regional Court of Justice 3rd Civil Chamber After the defendant’s lawyer appealed within the time limit of the decision numbered 2018/1993-2019/296, the file was examined and it was discussed and considered.
DECISION
The plaintiff, defendant … as plaintiff … and filed a lawsuit against …, that the case he brought … was seen by the 6th Registry Office of Freiburg im Breisgau State Court with the file number 6 o 349/16, it was decided and the file was finalized by … on the subject of the same lawsuit. Alleging that the 7th Civil Court of First Instance filed a lawsuit again in the file numbered 2017/387… the final decision of the 6th Civil Chamber of the Freiburg im Breisgau State Court, dated 12/07/2017 and numbered 6 O 349/16, is to be recognized in Turkey and
asked for an enforcement decision.
The defendant did not submit a reply petition in due time.
With the acceptance of the case by the Court of First Instance; … the final decision of the 6th Civil Chamber of the Freiburg im Breisgau State Court dated 12/07/2017 and numbered 6 O 349/16 is recognized in Turkey and
its enforcement has been decided; Defendant filed an appeal against the decision.
… As it is understood that the decision examined by the 3rd Civil Chamber of the Regional Court of Justice is in accordance with the law in terms of procedural and substantive; It was decided that the defendant’s attorney’s appeal application was rejected on the merits in accordance with Article 353/1-b.1 of the Code of Civil Procedure.
… Despite the fact that the decision of the 3rd Civil Chamber of the Regional Court of Justice was appealed by the defendant’s attorney, the file was examined.
CONCLUSION: As a result of the examination made by evaluating the scope of the file together, since there was no inaccuracy in the decision of the Regional Court of Justice according to the legal rules to be applied to the dispute, all the objections of the defendant that were not in place were rejected and the verdict, which is in accordance with the procedure and law, was APPROVED, the file was sent to the first instance court, a copy of the decision was sent to the Regional Court of Appeals. It was unanimously decided to send him to the Court of Justice on 14/11/2019.
