Enforcement of Dutch Court Decisions in Türkiye

Is winning the case filed in the Netherlands sufficient to protect rights in Türkiye?

The number of international legal disputes is increasing every year. In particular, family, business, inheritance, and debt relationships between individuals living in different countries are not limited to the legal system of a single state; they often have consequences that concern the laws of more than one country. This situation makes the question of how judgments rendered by foreign courts can be enforced in another country one of the most important issues in private international law.

Given the intense social and economic relations between Turkey and the Netherlands, this issue is of particular importance. For many years, Turkish citizens residing in the Netherlands have frequently faced the need to have decisions rendered in Dutch courts enforced in Türkiye, stemming from family law disputes, commercial relations between companies operating in both countries, inheritance cases, and claims arising from contracts.

However, one of the most common misconceptions in practice is the belief that a court decision finalized in the Netherlands can be directly enforced in Türkiye. In reality, a decision rendered by a foreign court is only automatically enforceable in the country where it was issued. For the same decision to have legal effect in Türkiye, the conditions stipulated in Turkish law must be met.

Therefore, winning a case in the Netherlands is not sufficient on its own to allow action to be taken on assets in Türkiye or for the decision to be enforced through compulsory execution. An enforcement order issued by Turkish courts constitutes the fundamental condition for a foreign court judgment to have legal effect in Türkiye.

The Legal Status of Dutch Court Decisions in Türkiye

Each state exercises its jurisdiction within its own sovereign territory. According to this principle, a decision by a state court cannot be directly enforced in another state's territory. Accepting the opposite would lead to a limitation of the judicial sovereignty of states.

The principles regarding the enforcement of foreign court judgments in Turkish law are regulated in Law No. 5718 on International Private Law and Procedural Law. The provisions of this law also apply to judgments rendered by Dutch courts.

The system adopted by the law is based on requiring the fulfillment of certain legal conditions, rather than automatically considering foreign court decisions as valid. This both provides legal protection for foreign court decisions and safeguards the fundamental principles of the Turkish legal system.

Which Dutch court decisions are subject to enforcement?

Not every decision rendered by Dutch courts can be enforced in Türkiye. Enforcement is only applicable to court decisions that fall within the realm of private law and are enforceable.

The most frequently encountered decisions in practice include commercial debt cases, contractual compensation judgments, alimony decisions, certain provisions relating to inheritance law, and judgments concerning commercial disputes between companies.

In contrast, sanctions related to public law, decisions of criminal courts regarding sentences involving deprivation of liberty, or many decisions arising from tax law are not considered within the scope of enforcement.

Therefore, correctly determining the nature of a foreign court decision constitutes the first stage of the enforcement process.

Where does the Turkish court's jurisdiction to investigate begin and end?

The most important characteristic of enforcement proceedings is that the Turkish court does not re-examine the foreign court's decision. In other words, the legal correctness of the decision rendered by the Dutch court cannot be challenged in an enforcement proceeding.

For example, one of the parties cannot request a review of the decision by a Turkish court on the grounds that the Dutch court misjudged the evidence, failed to consider witness testimonies, or incorrectly determined the factual circumstances.

A Turkish court only assesses whether there are legal grounds preventing the enforcement of a foreign court judgment in Türkiye. This approach is a natural consequence of the principle of "non-addressing the merits of the case," accepted in private international law.

This principle prevents the same dispute from being heard repeatedly in different countries and facilitates the international circulation of court decisions.

Review of Public Order and the Right to Defence

Although Turkish courts do not examine the merits of foreign court decisions, they do conduct review based on certain fundamental principles.

Foremost among these is public order. However, the concept of public order is often misunderstood in practice. The fact that Dutch law adopts different solutions than Turkish law does not, in itself, constitute a violation of public order. It is natural for every legal system to have its own specific rules.

The key to a public order review is whether the enforcement of a foreign court decision clearly and severely violates the fundamental values ​​of the Turkish legal system. The public order exception may arise particularly in cases involving decisions that eliminate the right to a fair trial or are incompatible with fundamental rights and freedoms.

In addition, whether the defendant's right to defense has been respected is also evaluated. Failure to properly notify the party of the lawsuit, failure to allow the party to defend themselves, or failure to inform them of the proceedings may lead to the rejection of the enforcement request.

The Impact of Legal Relations Between the Netherlands and Türkiye on Enforcement Cases

Legal relations between Turkey and the Netherlands are not limited to family law. Many transactions between the two countries, such as commercial activities, investment projects, international transportation, service contracts, and company mergers, require the enforcement of foreign court judgments.

Especially if the debtor's assets are located in Türkiye, the enforcement of a debt judgment issued by a Dutch court is only possible with an enforcement order obtained from a Turkish court.

Therefore, the enforcement institution is not merely a technical procedural step; it is a crucial legal mechanism that ensures the secure conduct of international trade and enables the effective implementation of foreign court judgments.

Enforceability of Dutch Court Decisions in Türkiye

For a judgment rendered by a Dutch court to have legal effect in Türkiye, it is not sufficient for the judgment to simply be final. For the judgment to become enforceable within Turkey, it must be enforced by a Turkish court. In other words, a foreign court judgment can only be enforced as if it were a judgment issued by a Turkish court after an enforcement order has been issued.

This is particularly important with regard to decisions concerning monetary claims, contractual compensation, alimony provisions, and other obligations. This is because, in order for a creditor to initiate enforcement proceedings in Türkiye or for enforcement actions to be taken against a debtor's assets in Türkiye, the foreign court decision must have become enforceable under Turkish law.

It is legally impossible to initiate enforcement proceedings directly without first obtaining an enforcement order. Therefore, if a foreign court decision is to be enforced in Türkiye, the enforcement process must first be completed.

Documents to be Submitted in Enforcement Proceedings

One of the most important stages of enforcement proceedings is the complete preparation of all necessary documents. In practice, a large portion of the reasons for delays in cases stem from missing documents.

The documents submitted to the court must clearly demonstrate the existence and finality of the foreign court decision. Furthermore, it is important that Turkish translations of decisions rendered in a foreign language are prepared in accordance with proper procedure. If there are inconsistencies in information such as names, dates, or decision numbers in the documents, the court may request additional clarification or new documents.

Furthermore, in order for foreign official documents to be used in Türkiye, procedural rules regarding the validity of international documents must also be followed. Incomplete or improperly prepared documents may unnecessarily prolong the case and, in some cases, may even result in the rejection of the request.

Therefore, carefully reviewing the documents before filing a lawsuit will contribute to a smoother process.

The Consequences of Divorce Decrees Issued in the Netherlands in Türkiye

Divorce cases are among the most common legal issues faced by Turkish citizens living in the Netherlands. However, the consequences of divorce decrees in Turkey can vary depending on the scope of the decision.

The legal implications of a divorce decree are not the same as those relating to alimony, financial compensation, moral damages, or property regimes. The enforceability of the decree in Türkiye is of particular importance, especially with regard to the financial obligations that must be fulfilled.

For example, if alimony awarded by a Dutch court is to be collected in Türkiye, the relevant decision must be enforceable under Turkish law. Similarly, the collection of compensation or a specific monetary claim also depends on the completion of the enforcement process.

Therefore, when evaluating foreign court decisions regarding family law, it is necessary to examine the content of the decision in detail and to correctly determine which provisions are intended to be applied in Türkiye.

The Role of Enforcement in Commercial Disputes

Trade relations between Turkey and the Netherlands have been developing for many years. Import and export activities, international transport contracts, distributorship relationships, construction projects, and service contracts can give rise to numerous trade disputes between the two countries.

Some of these disputes are resolved in Dutch courts, and the decisions rendered must be enforced in Türkiye. Especially when the debtor's assets are located in Türkiye, the foreign court decision can only be effectively enforced after an enforcement order is obtained.

The institution of enforcement is of great importance in international trade. This is because the inability to enforce a court decision obtained in a foreign country in Türkiye can make it difficult for a creditor to effectively obtain their rights. The enforcement mechanism, by ensuring the effective implementation of court decisions across borders, contributes to strengthening international commercial security.

Problems Encountered in Practice

A significant portion of the problems encountered in the enforcement of Dutch court judgments stem from procedural issues. In particular, the failure to include documents proving the finality of the judgment, material errors in translations, or inconsistencies in party information can prolong the litigation process.

In addition, the fact that some applications do not clearly state which provisions of the decision are requested to be implemented in Türkiye creates problems in practice. For the court to be able to make an assessment, the scope of the request must be clearly defined without any ambiguity.

Another mistake is confusing the concepts of recognition and enforcement. It is incorrect to assume that the same legal avenue applies to every foreign court decision. The appropriate course of action must be determined by considering the nature of the decision and the legal consequences it is intended to produce in Türkiye.

Principles Adopted in Supreme Court Practice

An examination of the Supreme Court's decisions regarding the enforcement of foreign court judgments reveals that the general principles set forth in Law No. 5718 on International Private Law and Procedural Law are also applied to decisions rendered by Dutch courts.

The Court of Cassation has consistently emphasized that the purpose of enforcement review is not to verify the correctness of a foreign court decision. Accordingly, a Turkish court cannot examine how the foreign court evaluated the evidence or whether it applied the law correctly. The review is limited solely to whether the conditions for enforcement have been met.

The Supreme Court's decisions also acknowledge that the public order exception should be interpreted narrowly. Thanks to this approach, not only decisions that produce results different from Turkish law, but also those that clearly violate fundamental legal principles are considered obstacles to enforcement. Thus, both international legal security is protected and the fundamental values ​​of the Turkish legal order are safeguarded.

Conclusion

Judgments rendered by Dutch courts, even if final, cannot be automatically enforced in Türkiye. For these judgments to have legal effect in Türkiye and, if necessary, to be enforced through execution proceedings, a decision of enforcement must, as a rule, be issued by Turkish courts.

In enforcement proceedings, the court does not re-evaluate the decision of the Dutch court regarding the dispute. The review is limited to whether the decision is final, whether it was rendered in accordance with the right of defense, whether it is clearly contrary to Turkish public order, and whether other conditions stipulated in the law have been met.

Given the extensive trade relations between Turkey and the Netherlands, disputes arising from family law, and cross-border legal proceedings, the enforcement of Dutch court judgments in Türkiye holds a significant place in practice. Therefore, for foreign court judgments to be effectively enforced in Türkiye, it is crucial to correctly assess the legal framework of the process, prepare all necessary documents completely, and adhere to procedural rules.