Interim Measures in Judicial Proceedings in Türkiye

1) What conditions must be met for the application of interim measures in Türkiye?

In Türkiye, to be granted interim measures, the applicants must prove that an immediate action is required to stop irreversible damage. An interim measure may only be granted if there is a concern that it will become significantly difficult or completely impossible to obtain the right due to a potential change in the current situation or that an inconvenience or major damage will arise due to delay, if the interests of all parties are balanced, if there are no alternative remedies, and if the success in the claim of the applicant seems probable. The court may also demand a security to be deposited to compensate probable damages resulting from the interim measure. 

An interim measure request can be made either before or during a lawsuit. However, if the application is made before the lawsuit and court grants the measure, the applicant is required to file the main lawsuit within a specific period of time given by the court or the interim measure will be automatically lifted.

2) What types of interim measures can be applied by Turkish courts?

Turkish courts can apply mainly three types of interim measures, categorized by their qualification to provide interim legal protection for particular purposes which are namely “collateral/security”, “performance” and “regulatory” interim measures.

Collateral measures are the basic form of interim measures. All kinds of measures that will eliminate the inconvenience or prevent the damage, such as taking the property or right subject to the injunction under custody or entrusting it to a trustee, or performance or non-performance of an action may be decided. Measures for performance purposes aim to temporarily fulfill the requests such as the temporary performance of the right that is the subject of the dispute, the court's granting of something as a precautionary measure, the performance or non-performance of a work. Regulatory measures, on the other hand, aim to temporarily regulate the disputed legal relationship. Here, rather than the fulfillment of a future performance, there is a temporary regulation of the existing legal relationship in order to preserve legal stability.

3) What documents and evidence are required to file a motion for interim measures?

To file a motion for interim measures in Türkiye, applicants must submit a written petition outlining their request and the grounds for it. Supporting documents typically include evidence of the main claim, proof of urgency, and any relevant contracts or agreements. Additionally, any documents demonstrating potential harm if the measure is not granted should be included to strengthen the case.

4) How long do interim measures last in Türkiye?

In Türkiye, according to Article 397/2 of the Turkish Code of Civil Procedure No. 6100, the interim measure shall continue until the conclusion of the final judgment. However, they can be subject to review and extension by the court, depending on the circumstances and ongoing necessity. If the main case is resolved or the grounds for the interim measure no longer exist, the court can terminate the measure earlier.

5) Can interim measures be appealed in Türkiye?

Yes, it is possible to appeal interim measures in Türkiye. The decision may be opposed before a higher court by the parties impacted by an interim measure. Considering the appeal must be filed within a legally mandated term, the appeal process usually requires immediate action.

Authors: Atty. Kaan Gök, Atty. Gülendam Tüylüoğlu