Can I both initiate enforcement proceedings and apply to the Consumer Arbitration Committee for one of my receivables?

Yes, according to this decision of the Court of Cassation (Yargıtay), you can both initiate enforcement proceedings and apply to the Consumer Arbitration Committee for the same receivable; these two processes do not constitute an obstacle to one another.

Is it now an erroneous practice for local courts not to examine the merits of the lawsuit on the reasoning of "pending litigation" in lawsuits concerning Consumer Arbitration Committee decisions?

Yes, with this Court of Cassation (Yargıtay) decision, it has been clarified that enforcement proceedings and an application to the Consumer Arbitration Committee do not together constitute pending litigation, and courts' decisions in this direction will be found contrary to procedure and the law.

What does Appeal on Points of Law for the Benefit of the Statute mean for the parties to the lawsuit?

Even if it reverses the decision, an appeal on points of law for the benefit of the statute does not directly change the outcome of the finalized judgment between the parties to the lawsuit; however, it constitutes a precedent to ensure the correct application of the law and to prevent similar errors.

COURT OF CASSATION RULING24 July 2026

Precedent Receivables Decision from the Court of Cassation (Yargitay)

Official titleDecision Belonging to the 3rd Civil Chamber of the Court of Cassation (Yargıtay)

The 3rd Civil Chamber of the Court of Cassation (Yargıtay) has ruled that an application to the Consumer Arbitration Committee and enforcement proceedings do not constitute "pending litigation" (the existence of another pending lawsuit) against one another, even if they concern the same receivable. Finding the local court's failure to examine the merits of the lawsuit on this reasoning contrary to procedure and the law, it led to the decision being reversed for the benefit of the statute.

Details of the Regulation

The plaintiff stated that they provided brokerage services for the sale of an immovable property and that the defendant did not pay the commission fee, and applied to the Consumer Arbitration Committee, but their application was rejected. The plaintiff requested the annulment of this rejection decision and the collection of the commission fee receivable. The local court, accepting that there was "pending litigation" due to the enforcement proceedings file previously initiated against the defendant for the receivable arising from the brokerage contract subject to the complaint, modified the reasoning of the Arbitration Committee's decision and upheld it, deciding to dismiss the lawsuit. The Ministry of Justice requested an appeal on points of law for the benefit of the statute, stating that for disputes under 149,000.00 TL as of the year 2025, the possibility of applying to both enforcement proceedings and Arbitration Committees does not constitute pending litigation, and therefore the court should examine the merits of the lawsuit. The Court of Cassation (Yargıtay) concluded that enforcement proceedings and an application to the Arbitration Committee do not constitute pending litigation against one another even if they relate to the same receivable, and therefore the court must examine the merits of the lawsuit and render a decision, reversing the local court decision for the benefit of the statute.

REGAS Commentary

This decision is important in terms of clarifying the avenues for seeking rights for consumers and service providers such as real estate agents. It demonstrates that different legal mechanisms, such as an application to the Consumer Arbitration Committee or enforcement proceedings, do not substitute for one another and do not constitute an obstacle to one another, even if they are for the same receivable. In this way, citizens can act more consciously when seeking their rights, knowing that the avenue they choose will not block the other avenue. For professionals, it provides guidance indicating that different legal avenues can be used simultaneously or consecutively in receivable collection proceedings, and that this cannot be considered a procedural error.

Questions You Might Have

Can I both initiate enforcement proceedings and apply to the Consumer Arbitration Committee for one of my receivables?: Yes, according to this decision of the Court of Cassation (Yargıtay), you can both initiate enforcement proceedings and apply to the Consumer Arbitration Committee for the same receivable; these two processes do not constitute an obstacle to one another.
Is it now an erroneous practice for local courts not to examine the merits of the lawsuit on the reasoning of "pending litigation" in lawsuits concerning Consumer Arbitration Committee decisions?: Yes, with this Court of Cassation (Yargıtay) decision, it has been clarified that enforcement proceedings and an application to the Consumer Arbitration Committee do not together constitute pending litigation, and courts' decisions in this direction will be found contrary to procedure and the law.
What does Appeal on Points of Law for the Benefit of the Statute mean for the parties to the lawsuit?: Even if it reverses the decision, an appeal on points of law for the benefit of the statute does not directly change the outcome of the finalized judgment between the parties to the lawsuit; however, it constitutes a precedent to ensure the correct application of the law and to prevent similar errors.

Key Terms

Derdestlik: It is the state of a lawsuit having the same subject matter, parties, and cause of action having been filed previously and still being heard. According to the Code of Civil Procedure, if there is a pending lawsuit, a second lawsuit cannot be filed regarding the same matter.
Kanun Yararına Temyiz: It is the application to the Court of Cassation (Yargıtay) for the reversal of a finalized court decision when it is determined by the Ministry of Justice to be contrary to law. This application does not affect the outcome of the judgment between the parties to the decision, but it serves as a guide to prevent future legal errors in similar cases.
Tüketici Hakem Heyeti: It is an administrative board tasked with resolving disputes below certain monetary limits arising between consumers and sellers or providers. It offers a fast and practical solution before going to court.
İcra Takibi: It is the legal process initiated by creditors by utilizing the coercive power of the state to collect their debts from their debtors.

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