Özet:

The former Turkish Trade Act No. 6762 (ETTK) required the General Assembly to make a decision on the opening of the case for the opening of a liability case against the members of the board of directors on behalf of anonymous company. The court would also consider this case as a lack of condition if the general council had not made a decision. It was therefore, until the decision was made, that situation was considered as an anticipatory matter and the case was delayed. The Turkish Trade Act No. 6102 (TTK) has not linked the company’s liability case against the members of the board of directors to the general assembly’s decision. The decision of the General Assembly that the shareholders' right to vote is not valid. The judgment 479/3-c indicates that the right to vote is not valid when the proceedings are opened in the case of ibra and liability. This ruling reveals a general assembly decision on the opening of a liability case that has caused serious discussions in this ruling doctrine. There are also opinions that the implementation of the ETTK continues as well as the opinions that the ruling of the ETTK m. 479/3-c is forgotten in the law. It also concerns the law in a way. The court has adopted the first view shown in the doctrine in the form of continuing the application of the ETTK. However, making a situation not clearly regulated as a case condition in this way by commenting into a case condition violates the company’s freedom of right search, even though temporary. In addition, it should not be overlooked that the application formed through comments may result in a violation of the freedom of seeking rights provided for in Article 6 of the AIF.