SUPREME COURT DECISION
Court: … District Court 3. Legal Department
At the end of the trial of the case of recognition and enforcement between the parties, as a court of First Instance for reasons written in the declaration … 9. 2018/78 basic 2018/223 decision issued by the Court of First Instance regarding the fundamental rejection of the application for appeal against the provision given for the acceptance of the case … District Court 3. The legal department’s decision no 2018/1993-2019/296 was reviewed and considered by the defendant’s lawyer upon appeal.
Plaintiff, defendant … in the capacity of Plaintiff … and … he has filed a lawsuit against him, the case he filed … 6 of the State Court of Freiburg im Breisgau. 6 that he was seen by the registry office with file 349/16, made a decision, and the file was finalized, about the same case … by … 7. He argued that the Court of First Instance had re-filed the case in File No. 2017/387 … 6 of the State Court of Freiburg im Breisgau. Civil Department issued 12/07/2017 dated, 6 O 349/16 number of the final decision to be recognized in Turkey and
he demanded a decision on his enforcement.
The defendant did not file a request for answers during his term.
By the Court of First Instance, with the acceptance of the case; … 6 of the State Court of Freiburg im Breisgau. 12/07/2017 issued by the civil Department, 6 O 349/16 of the final decision in Turkey recognition and enforcement, the decision was made; against the decision, the defendant applied for appeal.
… District Court 3. 353/1-b of the law on Civil Procedure of the application of the defendant’s attorney.In accordance with Article 1, the decision was made to reject it on the basis.
… District Court 3. Although the legal department’s decision was appealed by the defendant’s attorney during the period, the case was examined, the need was spoken and considered.
Conclusion: as a result of the review conducted by evaluating the scope of the file together, it was unanimously decided on 14/11/2019 day to reject all appeals that are not in place of the defendant and to approve the provision in accordance with the procedure and the law, to send the file to the court of first instance, a sample of the decision to the District Court, since there was no hit in the decision of the District Court in accordance with the rules of law that should be applied to the dispute.