Introduction

Regarding M&A deal activity in emerging Europe, 2019 seems to have been a year of mixed sentiments. While both the overall value and volume of M&A deals in the region were down year-on-year, many M&A professionals claim anecdotally that it was a more buoyant year than the previous one. There are also predictions that investment activity in emerging Europe will increase even further in the next 12 months. 

This Update is produced on a monthly basis. It provides an update on new legislation in certain Middle East countries (Bahrain, Egypt, Jordan, the Kingdom of Saudi Arabia, Kuwait, Qatar, the Sultanate of Oman and the United Arab Emirates) where SNR Denton has offices. We also include Turkey and Lebanon updates from our affiliate and associate firms in Istanbul and Beirut respectively.

The 2nd Judicial Reform Package ("Reform Package") amends the Code on Civil Procedure, the Enforcement and Bankruptcy Law, the Procedure of Administrative Justice Act, the Law on the Establishment of Duties and Jurisdiction of Courts of First Instance and Regional Courts of Appeal ("Code No. 5235"), the Turkish Commercial Code, the Insurance Law, the Law On Consumer Protection, and the Industrial Property Law with respect to issues concerning general procedural law.

2. Yargı Reformu Paketi, Hukuk Muhakemeleri Kanunu, İcra ve İflas Kanunu, İdari Yargılama Usulü Kanunu, Kadastro Kanunu, Adlî Yargı İlk Derece Mahkemeleri ile Bölge Adliye Mahkemelerinin Kuruluş, Görev ve Yetkileri Hakkında Kanun (“5235 sayılı Kanun”), Türk Ticaret Kanunu, Sigortacılık Kanunu ve Tüketicinin Korunması Hakkında Kanun ve Sınai Mülkiyet Kanunu’nda genel olarak yargılama hukukunu ilgilendiren değişiklikleri bünyesinde taşımakta ve uygulamada tartışmalı olan bazı yargılama hukuku problemlerinin çözümüne önemli katkılar sağlamaktadır.

Recent Development

In scope of the various response measures implemented by the Turkish government to prevent the spread of the coronavirus (COVID-19) in Turkey, the President of the Turkish Republic issued the "Decree to Suspend Enforcement and Bankruptcy Proceedings" on March 22, 2020, in accordance with Article 330, "Suspension In Case of Emergency", of the Enforcement and Bankruptcy Law ("EBL").

What Does the Decision Say?

Coronavirus (Covid-19), Uyuşmazlık Çözümü

COVID-19 (korona virüs) salgın hastalığının ülkemizde yayılmasını önlemek amacıyla alınan tedbirler kapsamında; 22.03.2020 tarihli ve 31076 sayılı Resmî Gazete’de İcra ve İflas Takiplerinin Durdurulması Hakkında Cumhurbaşkanı Kararı (“Cumhurbaşkanı Kararı”) yayımlanmış ve yürürlüğe girmiştir.

Cumhurbaşkanı Kararı’nın 1. (birinci) maddesi ile;

The outbreak of COVID-19 has been declared as a global pandemic by the World Health Organization on March 11, 2020. As the outbreak has become a critical threat, every country has started taking significant measures to protect people’s health. Turkey, as a response to the outbreak, has also taken several legal measures as well as social measures to ensure the health of the community.

In scope of the measures taken to prevent COVID-19 outbreak from spreading within our country, the Presidential Decree on Suspension of the Enforcement and Bankruptcy Proceedings dated 21 March 2020 and numbered 2279 (“the Presidential Decree”), which was issued based on Article 330 of the Enforcement and Bankruptcy Act, has entered into force upon publication in the Official Gazette dated 22 March 2020 and numbered 31076.

1. Within the context of the measures taken for combating COVID-19, how will the courthouses function?

The courthouses across the country are open and active. That being said,

A new Law Amending Certain Acts No.7226 was published in the Official Gazette No. 31080 dated March 26, 2020. In order to prevent loss of rights in the judiciary;

(I)Deadlines of all periods regarding to the origination, use or termination of a right in/regarding litigation, enforcement proceedings, application, complaint, appeal, notice, submission; statutory limitation, mandatory administrative application periods and statutory periods of mediation and settlement institutions will freeze from (including) March 13, 2020 to April 30, 2020.