Class actions in Turkiye
- Do you have a specific procedure or procedures for bringing “opt-in” class actions? If so, please outline such procedure(s) and their key features.
- Do you have a specific procedure or procedures for bringing “opt-out” class actions? If so, please outline such procedure(s) and their key features.
- Are there specific rules on standing for bringing claims under these procedures (e.g., that claims can only be brought by consumer associations)? If so, please summarise those rules.
- How frequently are class actions brought in your jurisdiction? Are there any pending changes to your class action rules that are likely to increase the number of claims filed?
- Turkiye does not have a class action system as the Anglo-Saxon jurisdictions have. Instead, the Turkish Civil Procedural Law No. 6100 (the "TCPL") foresees a group action where the entities that can file class actions and the grounds and claims for group actions are limited under Turkish law. Although it is not possible to state a specific number of group actions in Turkiye (see below), only a few cases attract the attention of the public every year.
- Are the procedures for class actions restricted only to certain causes of action/types of claim, e.g., competition claims? If so, please describe these restrictions.
- What types of relief are available, i.e., damages and/or injunctive relief?
- On what basis are damages calculated i.e., compensatory and/or some other basis?
- Are punitive or exemplary damages recoverable?
- Will domestic law need to be changed to comply with the Representative Action Directive?
- Are there special rules for settlement of class actions, e.g., requirement for court approval?
- Beyond the existing rules for taking jurisdiction in unitary claims, are there any additional rules on jurisdiction for your class action procedures? Are there any territorial limitations to who may be members of the class?
- Please describe the “certification” requirements for each of your jurisdiction’s class action procedures, e.g., how similar must the claims be? Are there any other criteria to be met for the court to approve use of the procedure?
- Do you have specialist courts for these procedures?
- Are there any special rules for discovery/disclosure for class action procedures that are different to the rules for unitary actions?
- Are there any special rules for appeals in class action procedures that are different to the rules for unitary actions?
- Can arbitration clauses lawfully contain class action waivers?
- Are contingency fee agreements permissible?
- What are the rules on cost shifting, i.e., does the losing party ordinarily have to pay the winning party’s costs? Are adverse costs awards capped? If so, at what level(s)?
- Is litigation funding of class actions permissible? If so, how prevalent is litigation funding?
jurisdiction
1. Do you have a specific procedure or procedures for bringing “opt-in” class actions? If so, please outline such procedure(s) and their key features.
No.
2. Do you have a specific procedure or procedures for bringing “opt-out” class actions? If so, please outline such procedure(s) and their key features.
No.
3. Are there specific rules on standing for bringing claims under these procedures (e.g., that claims can only be brought by consumer associations)? If so, please summarise those rules.
N/A
4. How frequently are class actions brought in your jurisdiction? Are there any pending changes to your class action rules that are likely to increase the number of claims filed?
Turkiye does not have a class action system as the Anglo-Saxon jurisdictions have. Instead, the Turkish Civil Procedural Law No. 6100 (the "TCPL") foresees a group action where the entities that can file class actions and the grounds and claims for group actions are limited under Turkish law. Although it is not possible to state a specific number of group actions in Turkiye (see below), only a few cases attract the attention of the public every year.
No upcoming changes as to group action rules have been announced; therefore, we do not expect the number of group actions in Turkiye to accelerate in the near future.
5. Are the procedures for class actions restricted only to certain causes of action/types of claim, e.g., competition claims? If so, please describe these restrictions.
Pursuant to the TCPL, an association or other legal entity may file a group action on its behalf to protect the the benefits of its members or the community it represents and to seek: (i) the determination of the rights of the affected persons; (ii) the elimination of inconsitencies within the law; and (iii) the prevention of the violation of the rights of the affected persons in the future.
Additionally, consumer organisations that are to be associations, foundations or their parent entities, relevant public bodies or organisations, or the Ministry of Trade, may file a lawsuit before the competent consumer courts to request: (i) an interim injunction to prevent or for suspension of the circumstances affecting consumers in general that may lead to a breach of the Turkish Law on the Protection of the Consumer No. 6502 ("Law No. 6502" ); or (ii) the determination, prevention or annulment of such circumstances.
6. What types of relief are available, i.e., damages and/or injunctive relief?
It is possible to request: (i) determination of rights for the affected persons; (ii) prevention of the potential violation of such rights; and (iii) elimination of inconsitencies within the law, are available under the TCPL. In addition, under Law No. 6502, there is the possibility of filing a request for: (i) an interim injunction to prevent or suspend; or (ii) the determination, prevention or suspension of circumstances affecting consumers in general that may lead to a violation of Law No. 6502.
7. On what basis are damages calculated i.e., compensatory and/or some other basis?
N/A
8. Are punitive or exemplary damages recoverable?
N/A
9. Will domestic law need to be changed to comply with the Representative Action Directive?
Turkiye is not an EU member state; however, in view of the fact that Turkiye takes into account and aims to comply with the EU Directives, Law No. 6502 may need to be amended to establish a system of representative actions (e.g., damages are not possible under Law No. 6502).
10. Are there special rules for settlement of class actions, e.g., requirement for court approval?
N/A
11. Beyond the existing rules for taking jurisdiction in unitary claims, are there any additional rules on jurisdiction for your class action procedures? Are there any territorial limitations to who may be members of the class?
N/A
12. Please describe the “certification” requirements for each of your jurisdiction’s class action procedures, e.g., how similar must the claims be? Are there any other criteria to be met for the court to approve use of the procedure?
N/A
13. Do you have specialist courts for these procedures?
No.
14. Are there any special rules for discovery/disclosure for class action procedures that are different to the rules for unitary actions?
No.
15. Are there any special rules for appeals in class action procedures that are different to the rules for unitary actions?
No.
16. Can arbitration clauses lawfully contain class action waivers?
N/A
17. Are contingency fee agreements permissible?
N/A
18. What are the rules on cost shifting, i.e., does the losing party ordinarily have to pay the winning party’s costs? Are adverse costs awards capped? If so, at what level(s)?
As a rule, the losing party has to bear the winning party's costs along with the court fees (e.g., expert fees, etc.).
On the other hand, as per Law No. 6502, if the respective court rejects the lawsuits initiated by the consumer organizations, the expert fees and contingency fees are paid by the Turkish Ministry of Trade. In the opposite case, the expert fees are collected by the defendant and accounted for as income for the public budget according to the Law on the Procedure for the Collection of Public Receivables.
19. Is litigation funding of class actions permissible? If so, how prevalent is litigation funding?
Although litigation funding is not restricted under Turkish law, it is not prevalent. Moreover, Law No. 6502 provides that legal actions initated by consumer organizations under the respective law are exempt from court fees.
See the Overview of the Representative Actions Directive >>
For more information on European Class Actions, please download our annual report:
