In the decision of the 11th Civil Chamber of the Supreme Court of Appeals to overturn it for the benefit of the law, it was ruled that the court in charge of resolving disputes between Turkish Airlines and passengers is the Consumer Arbitration Committee, not the Commercial Court of First Instance.
On September 2, 2022, the General Directorate of Legal Affairs of the Ministry of Justice brought the decision regarding the jurisdiction of the Commercial Court of First Instance in a dispute between Turkish Airlines Company and the passenger, to the 11th Civil Chamber of the Court of Cassation.
The 11th Civil Chamber of the Supreme Court of Appeals, with its unanimous decision on September 29, 2022, accepted the request for annulment for the benefit of the law. With this decision, the Court of Cassation determined that the court in charge of dealing with disputes between airline companies and passengers is not the Commercial Court of First Instance, but the Consumer Arbitration Committee or the Consumer Court, depending on the value of the dispute.
This decision of the 11th Civil Chamber of the Court of Cassation, numbered 2022/5264 and Decision 2022/6483, was published in the Official Gazette dated Friday, 23 December 2022 and numbered 32052.
In the dispute, which is the subject of the decision to overturn for the benefit of the law, the defendant passenger requested cancellation and refund of the ticket he bought from Turkish Airlines Incorporated, on the grounds that the journey would not be safe due to the Kovid-19 pandemic and the journey had become dangerous, while the main subject of the decision was the jurisdiction tasked with resolving the dispute. where is his authority. In line with the request of the Ministry of Justice, the Court of Cassation used its preference on the side of Consumer Courts and Consumer Arbitration Committees.
For details, see:
https://www.resmigazete.gov.tr/eskiler/2022/12/20221223-9.pdf
