Is the Process Speeding Up in Commercial Lawsuits?
Official titleDecision of the Constitutional Court Dated 13/5/2026 and Numbered E: 2025/274, K: 2026/113
The Constitutional Court unanimously decided that the provision in Article 4 of the Turkish Commercial Code No. 6102 stating that 'the simplified procedure shall apply to commercial lawsuits not exceeding one million Turkish liras' is not contrary to the constitution and rejected the request for annulment.
Details of the Regulation
The Ankara 5th Commercial Court of First Instance filed an action for annulment, alleging that determining the simplified procedure based on the value of the lawsuit and certain limitations within this procedure (reply petition processes, etc.) violated the freedom to claim rights and the right to a fair trial. However, the Court stated that the simplified procedure serves the goal of concluding lawsuits within a reasonable time and that the legislature holds discretionary power in determining judicial procedures.
The AYM emphasized that the simplified procedure provides adequate opportunities for presenting evidence, does not prevent the parties from expressing their allegations, and that this regulation does not undermine the conduct of a trial in accordance with equity. Consequently, it was concluded that the rule does not violate the right to a fair trial and is compatible with the principle of the rule of law.
In conclusion, in the examination conducted on 13/5/2026, it was decided that the provision in question is not contrary to Articles 2, 36, and 142 of the constitution.
Questions You Might Have
- Was the simplified procedure abolished with this decision?
- No, on the contrary, the Constitutional Court confirmed that the continued application of this procedure is in accordance with the constitution.
- If my lawsuit is subject to this procedure, will I not be able to defend my rights adequately?
- No, the AYM stated that these limitations do not prevent the right of defense and that sufficient opportunity is granted to the parties to present their evidence.
Key Terms
- İtiraz Yolu
- It is the application made by courts to the Constitutional Court with a request for annulment when they deem the statute provision they are to apply in a lawsuit before them to be unconstitutional.
- Basit Yargılama Usulü
- It is a faster and more practical method of adjudication in which petition stages are reduced in order to shorten lawsuit processes.
- Usul Ekonomisi
- An approach focused on legal benefit that prevents unnecessary prolongation of proceedings, thereby saving time and labor.
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REGAS Commentary
This decision confirms that determining the simplified procedure based on a monetary threshold in commercial lawsuits is in accordance with the law. For citizens and commercial enterprises, this decision indicates that commercial disputes below a certain amount will continue to be concluded faster, with fewer formalities, and under the simplified procedure. Aiming to reduce the workload of the courts, this procedure was considered not as a legal restriction, but as a method that provides speed and procedural economy in the judiciary.