Recognition And Enforcement Court Of Cassation Decision
T.C Judiciary Court 13th Civil Chamber Esas: 2019/ 2478 Decision: 2019 / 11298 Date of Decision: 14.11.2019
JUDICIARY DECISION
COURT : … Regional Court of Appeals 3rd Civil Chamber
At the end of the trial of the recognition and enforcement case between the parties, the file was examined and discussed upon the appeal of the decision numbered 2018/1993-2019/296 of the 3rd Civil Chamber of the … Regional Court of Justice, which was rejected by the defendant’s lawyer within the period of time of the decision numbered 2018/1993-2019/296 of the 3rd Civil Chamber of the … Regional Court of Justice regarding the appeal against the judgment given by the … 9th Civil Court of First Instance as the first instance court for the acceptance of the case numbered 2018/78 main 2018/223, for the reasons written in the judgment.
DECISION
The plaintiff claims that the defendant … filed a lawsuit against … and … in the capacity of plaintiff, that the lawsuit he filed was heard by the 6th Registry of the Freiburg im Breisgau State Court with the file number 6 o 349/16, that it was decided and the file was finalized, that … filed a new lawsuit on the same subject of the lawsuit by … in the file number 2017/387 of the … 7th Civil Court of First Instance, dated 12/07/2017, given by the 6th Civil Chamber of the Freiburg im Breisgau State Court. Civil Court of First Instance in the file numbered 2017/387 Esas and … requested the recognition and enforcement of the finalized decision dated 12/07/2017 and numbered 6 O 349/16 given by the 6th Civil Chamber of the Freiburg im Breisgau State Court in Turkey.
The defendant did not file a reply in due time.
The Court of First Instance, with the acceptance of the lawsuit, decided to recognize and enforce in Turkey the finalized decision dated 12/07/2017, numbered 6 O 349/16, given by the 6th Civil Chamber of the … Freiburg im Breisgau State Court, and the defendant filed an appeal against the decision.
… The 3rd Civil Chamber of the Regional Court of Appeals decided to reject the appeal of the defendant’s attorney on the merits in accordance with Article 353/1-b.1 of the Code of Civil Procedure, as it was understood that the decision examined was in accordance with the law in terms of procedure and substance.
Since the decision of the 3rd Civil Chamber of the … Regional Court of Appeals has been appealed by the defendant’s attorney within the time limit, the file has been examined and the necessity has been discussed and considered.
CONCLUSION: As a result of the examination made by evaluating the scope of the file together, according to the rules of law that should be applied to the dispute, since there is no inconsistency in the decision of the Regional Court of Appeals, it was unanimously decided on 14/11/2019 to reject all the objections of the defendant’s appeal, and to APPROVE the judgment, which is in accordance with the procedure and law, and to send the file to the court of first instance and a copy of the decision to the Regional Court of Appeals.
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