If the sale and purchase of a vehicle is not conducted within the scope of commercial or professional activities, the general courts (genel mahkemeler) have jurisdiction over disputes arising from such a sale.
In the Court of Cassation decisions provided below, it has been ruled that since the defendants did not pursue vehicle sales as a profession, they do not qualify as “sellers” as defined by law. Therefore, the relationship between the parties falls outside the scope of Law No. 6502 (Law on the Protection of the Consumer), and the General Courts (Civil Court of First Instance), rather than the Consumer Court, have jurisdiction over the case.
REPUBLIC OF TÜRKİYE – COURT OF CASSATION
13th Civil Chamber | Basis No: 2017/2916 | Decision No: 2017/3730
SUMMARY: For a legal transaction to be considered within the scope of Law No. 6502, there must be a transaction regarding the sale of goods or services between parties defined in the law. A “Seller” is defined as a natural or legal person offering goods to consumers within the scope of their commercial or professional activities. In the concrete case, as it is understood that the defendants did not pursue vehicle sales as a profession, the relationship is outside the scope of Law No. 6502. Consequently, the General Courts have jurisdiction. Regulations regarding jurisdiction concern public order (kamu düzeni) and must be observed ex officio (resen) at every stage of the proceedings.
REPUBLIC OF TÜRKİYE – COURT OF CASSATION
20th Civil Chamber | Basis No: 2016/3155 | Decision No: 2016/5362
SUMMARY: The lawsuit concerns claims for pecuniary and non-pecuniary damages arising from the sale of defective goods (ayıplı mal). Pursuant to Law No. 6502, a “Consumer Transaction” is defined as any contract or legal transaction established between consumers and persons acting for commercial or professional purposes.
In the concrete case, although a vehicle sale contract exists between the parties, the defendant is a person selling their second-hand vehicle and does not act for commercial or professional purposes. Therefore, the defendant does not hold the status of a “seller” within the meaning of Article 3/1-(i) of Law No. 6502, and the relationship is not a “consumer transaction.” Thus, the dispute must be resolved in the Civil Court of First Instance (Asliye Hukuk Mahkemesi) according to general provisions.