Recent Development
With its decision No. 2019/17,969 and dated June 8, 2023
("Decision"), the Constitutional Court
ruled that the court's dismissal of the lawsuit over lack of
procedural prerequisite without giving the applicants the
opportunity to correct it, because the applicants filed a
quantifiable claim as an unquantified debt, violated the
applicants' right of access to the court. The Decision was
published in the Official Gazette on October 6, 2023.
Background
The applicants claimed their labor receivables as unquantified
claims and the first instance court accepted these claims. However,
on appeal, the 22nd Civil Chamber of the Supreme Court ruled that
there was no legal standing for the applicants to file unquantified
claims, as the claims are in fact quantifiable, and, therefore, the
case should be dismissed on procedural grounds due to lack of
procedural prerequisite. Accordingly, the 22th Civil Chamber of the
Supreme Court overturned the decision
