Nowadays, the importance of international transportation and logistics activities has increased since the commercial relations surpassed the national borders. The most common type of carriage of goods is undoubtedly the road transportation. As a matter of fact, 76.1% of goods are transported by road in Turkey, 69.5% in the USA and 45% in Europe. Taking this into account, to determine common standards between the states regarding the documents used in carriage of goods by road and the responsibility of the carrier, “Convention on The Contract For The International Carriage Of Goods By Road” (Convention Relative Au Contrat De Transport İnternational Per Marchandises Par Route) [“CMR”] was adopted by the United Nations Economic Commission for Europe (UNECE) in 1956, and was entered into force in 1961. The CMR, to which Turkey became a party with a reservation on Article 47 on October 31, 1995, has the force of law in the Turkish legal system.

In Turkish Law, contracts of transport are regulated in the fourth book of the Turkish Commercial Code No. 6012 ["TCC"] under the name "Transport Affairs". In this article, the period of delivery, which is one of the key aspects of transport contracts, and the presumption of loss, namely the legal consequence of non-compliance with this period, will be discussed briefly.

In its decision dated 18.08.2018 and numbered AT.40099, the European Union Commission [the "EU Commission"] fined Google with 4.34 billion Euros for abusing its dominant position through requiring smartphone makers to take a bundle of Google apps, preventing use of other versions of Android and concluding anti-competitive revenue share agreements. The General Court [the “Court”] dismissed Google’s appeal and upheld the Commission’s decision by slightly reducing the amount of fine to 4.125 billion EUR. This was recorded as the highest penalty ever imposed by European competition authorities.

Contributed by Guleryuz & Partners.

In today's digital landscape, where all sorts of data can be recorded and removing such is incredibly hard due to rapid and wide information sharing Ii is important that certain records cease to be accessible, especially after a period of time, so that the individual can pursue his/her life freely. In this context, requests to remove the results of searches using a person's first and last name from search engines such as Google have become quite widespread. This article on the right to be forgotten, which forms the basis of these requests, will discuss the ways in which these and similar requests can be made, the criteria according to which applications are/or should be evaluated, and the limits of the right to be forgotten.

The Environmental Impact Assessment Regulation ["Regulation"], repealing the previous regulation dated 2014,  entered into force upon its publication in the Official Gazette no. 31907 dated 29 July 2022. The new Regulation introduces significant updates within the framework of the "Green Development Goals".

With the Banking Regulatory and Supervisory Authority’s [the “BRSA”] decision numbered 10250 and dated 24 June 2022 [the “Restriction Decision”], TRL borrowing by Companies [“Companies”], other than banks and financial institutions, which are subject to independent audit has become subject to a foreign currency asset [“FX-Asset”] restriction was introduced.

Guleryuz Partners has advised Haver Farma Ilac on its full acquisition of MS Pharma SARL's Turkish subsidiary, MS Pharma Ilac. PwC Legal reportedly advised the seller.

A new asset peace regulation entered into force with the article 50 of Law No. 7417 on Certain Amendments to Civil Servants Law and Certain Laws and Statutory Decree No. 375 [the “Law No. 7417”] which was published in the Official Gazette numbered 31887 on 5 July 2022.

Strong efforts to protect the lira while keeping the economy healthy and vibrant in a time of global turmoil and uncertainty is the name of the game in Turkey, according to Guleryuz Partners Partner Zahide Altunbas Sancak.

With the “Act Amending Banking Law, Some Other Laws and the Decree no. 655” [“Amending Act”], Banking Law no. 6411 [“Banking Law”] and Act no. 6758 on the Approval of a Decree with Amendments [“Act no. 6758”] was amended with respect to the articles regarding the authorities and responsibilities of the Savings Deposit Insurance Fund – the so-called “TMSF” [“SDIF”].

The Law Amending the Law on the Regulation of Electronic Commerce [“Amending Law”] was adopted on July 1, 2022 by the General Assembly of the Grand National Assembly of Turkey and subsequently published on the Official Gazette on 07 July 2022 as Law no. 7416. The Law no. 6563 on the Regulation of Electronic Commerce [the "Law"] published on the Official Gazette no. 29166 dated November 5, 2014 has undergone many changes with the Amending Law. Accordingly, new obligations and restrictions have been introduced onto intermediary service providers, including obtaining and renewal of an e-commerce license, restrictions on advertisement and promotions, and a ban on the sale of platform-owned brands; and new definitions have been to the Law.

With the Banking Regulatory and Supervisory Authority’s [“BRSA”] decision numbered 10250 and dated June 24, 2022 [“Decision”], Turkish Lira borrowing by companies, other than banks and financial institutions, which are subject to independent audit [“Companies”] has become subject to a foreign currency asset [“FX-Assets”] restriction.

Turkish citizenship can be acquired in several ways, including by marriage or employment or living for a certain period of time. Another option is making investment in the country. Accordingly, those who fulfil the requirements set out in the law can easily get the citizenship after filing the required documents.

Significant amendments were introduced into the Bankruptcy and Enforcement Code numbered 2004 ["BEC”] on November 30, 2021. One of these changes was regarding entitling debtors to sell their own seized property by consent.

Contributed by Guleryuz & Partners.

Turkish Constitutional Court with its decision with application number 2019/12190, published in the Official Gazette on 20.04.2022, ruled that court decisions on dismissal of unquantified debt lawsuits on procedural grounds violates right to access to court.

In today’s world, both globally and in Turkey, there are an increasing number of corporations that are in constant search of funding and investment either to grow a newly started promising business or to increase the profitability and efficiency of an already established business by moving it to the next level. In order to meet this need, there are also individuals or corporations, that is to say, investors, with the capital to provide the liquid injection in exchange for shareholding position or other certain benefits in the invested company.