Is Dutch court decision enforceable in Turkey?

Can court decisions in the Netherlands and Germany (including other EU countries) be recognized and enforced in Turkey? Recognition and enforcement of foreign court decisions play a crucial role in facilitating international legal cooperation and ensuring justice across borders. In Turkey, as in many other jurisdictions, this process is governed by specific legal provisions aimed at balancing the principles of sovereignty and comity with the need for efficient cross-border dispute resolution. On the other hand, it should be noted that in Turkey, only judgments of civil cases are recognized and enforced.

Are there conditions for the recognition and enforcement of judgments in Turkey?  You can read about it in this blog.

How can “recognition” and “enforcement” of a foreign judgment be defined? 

The process of recognition and enforcement involves making foreign court decisions legally valid and enforceable in the other country. As stated in the decision of the 4th Civil Chamber of the Court of Cassation in Turkey numbered 2014/196 Application and 2014/2410 Decision,

“… Recognition actions are actions to ensure that court judgments rendered by a foreign court in relation to a civil case and finalized in accordance with the legal system to which the court is subject, constitute “conclusive evidence” and “final judgment” in Turkey.

…. Enforcement actions, on the other hand, are actions to ensure the enforceability of court decisions that are enforceable in Turkey. In other words, recognition actions are only actions that constitute “conclusive evidence” and “final judgment”, and do not have the power to give enforcement capability. On the other hand, enforcement actions lead to enforceability as well as the effects provided by recognition actions…”

Since the two definitions differ from each other, the conditions for their application also differ.

Are there any conditions for the recognition and enforcement application?

For the recognition and enforcement of judgments issued by foreign courts in Turkey, certain conditions must be fulfilled, such as the judgments must not be contrary to public order in Turkey, the court rendering the judgment must be competent, the judgment must be related to a civil case, and the judgment must be final and conclusive.

From this point of view, there is no recognition or enforcement of judgments other than civil cases in Turkey. For example, judgments in criminal and administrative cases cannot be recognized and enforced in Turkey, except for some private law judgments relating to the personal part of criminal cases.

Is it possible to examine the merits of the case in recognition or enforcement proceedings?

Whether recognition or enforcement is characterized as a claim or a lawsuit, the court does not have the authority to make any examination on the merits of the file within the scope of the prohibition of revision in comparative law. The court can only examine within the scope of the conditions required by the legislation in the context of recognition or enforcement.

As stated in the decision of the 3rd Civil Chamber of the Court of Cassation Application No. 2016/22640, Decision No. 2018/9156, “The case is about the recognition and enforcement of the alimony granted by the foreign court. It should be emphasized that the enforcement judge is not authorized to examine and evaluate the correctness of the foreign court judgment in terms of substantive law. Within the framework of this prohibition, the enforcement judge cannot examine and evaluate a justification in the judgment and cannot change the judgment.’

What is the legal basis of recognition and enforcement in Turkey and what is the relevant legislation?

Recognition and enforcement of foreign court judgments in Turkey is regulated by Law No. 5718 on Private International Law and Procedural Law. This law regulates the general procedures and principles regarding the recognition and enforcement of foreign court judgments in Turkey.

Conclusion

There is no legal obstacle to the recognition and enforcement of the judgments rendered by the Court in Turkey, provided that they meet the conditions required by the legislation.

Questions?

Do you have questions about this blog or other issues due to recognition and enforcement? Please feel free to approach one of our specialists at Ms. Willeke Krieger (krieger@tlcadvocaten.nl). You can also reach us at +3153-3033000 (Enschede) or +31523-745640 (Hardenberg) or at info@tlcadvocaten.nl.

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