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Provisions Governing Legal Proceedings and Penalties with
Respect to Disputes arising from the Law No. 4077 on
Consumer Protection
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Att. Pelin Baydar
Articles 23-26 of Law no. 4077 on Consumer Protection (“Law
no. 4077”) regulate the legal proceedings and penalties with respect to
any disputes arising from the Law no. 4077. Any disputes arising in
connection with the application of Law no. 4077 shall be heard before
the consumer courts.
In General
The lawsuits filed by consumers, consumer organizations and the
Ministry of Industry and Commerce (“Ministry”) before consumer
courts shall be exempt from any duties and charges. The expert fees in
the lawsuits filed by consumer organizations shall be funded by the
Ministry from a fund allocated in the budget. In the event the lawsuit
is been awarded against the defendant, the expert fees shall be collect-
ed from the defendant pursuant to the provisions of the Act Pertaining
to the Procedure for the Collection of Public Receivables, No. 6183
and recorded as budget income.
Consumer lawsuits may also be initiated before the court at the
district where the consumer is domiciled.
The Ministry or consumer organizations may initiate lawsuits
before consumer courts, relating to issues which are not considered as
problems of individual consumers but concern, in general, the protec-
tion of consumers, in order to eliminate the situation violating this Law.
Consumer courts may issue precautionary injunctions, when nec-
essary, in order to remove the violation. The precautionary injunctions
deemed appropriate by consumer courts shall be publicly disclosed by
the Press Announcements Institution in a national newspaper and if
any, in a local newspaper at the district where the lawsuit has been
LAW OF CIVIL PROCEDURE
227
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Article of February 2012