Commercial Court

Also known as: Commercial Court of First Instance, Asliye Ticaret Mahkemesi, Ticaret Mahkemesi

In short

The commercial court of first instance with jurisdiction over commercial cases, sitting as a panel in cases above a monetary threshold and with a single judge below it.

The commercial court of first instance is the first-instance court with jurisdiction over commercial cases. Large cities have several commercial courts; where no separate commercial court exists, the civil court of first instance acts as a commercial court.

Jurisdiction

The commercial court hears the absolute and relative commercial cases listed in Art. 4 of the Turkish Commercial Code. The relationship between the commercial court and the civil court of first instance is one of subject-matter jurisdiction. Since jurisdiction rules are a matter of public order, the court examines its jurisdiction of its own motion. A case filed with the wrong court is dismissed for lack of jurisdiction.

Single Judge and Panel

Cases below the monetary threshold set by law are heard by a single judge and those above it by a panel of three judges. The threshold is updated each year by the revaluation rate.

Specialised Courts

Intellectual and industrial property courts: Hear trademark, patent, design and copyright cases.
Maritime courts: Hear cases arising from maritime commerce in certain cities.

Procedure

The written procedure applies to commercial cases as a rule; the simplified procedure applies to commercial cases below a certain amount; see Commercial Case. In commercial cases for monetary claims and compensation, applying to mediation before filing is mandatory. Decisions in cases above the monetary threshold may be appealed; appeals are heard by the commercial chambers of the regional courts of appeal.

Corporate law cases, such as annulment of general assembly resolutions, are filed with the commercial court where the company has its seat.

Frequently Asked Questions

Who hears commercial cases where there is no separate commercial court?

Where no separate commercial court has been established, the civil court of first instance hears commercial cases acting as a commercial court. The special rules for commercial cases still apply.

What happens if a commercial case is filed with a civil court?

The relationship between the commercial court and the civil court is one of subject-matter jurisdiction. A case filed with the wrong court is dismissed for lack of jurisdiction and transferred to the competent court on request, which causes delay.

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