According to a Court of Cassation decision published in the Official Gazette on 23 October 2026, consumer courts have jurisdiction over claims to delete or correct SİSBİS records.
1. In short
Claims to delete or correct a record entered into SİSBİS by an insurance company fall under the jurisdiction of consumer courts. The Turkish Court of Cassation (Yargıtay), 4th Civil Chamber, reached this conclusion unanimously in its decision of 30 March 2026 (2025/12146 E., 2026/3403 K.), published in the Official Gazette of 23 October 2026, No. 33409.
2. The dispute
A vehicle owner asked for correction of a SİSBİS record entered for a car he said was not involved in the accident. Istanbul Anadolu 7th Commercial Court of First Instance granted the request. The Ministry of Justice appealed "in the interest of the law", arguing that the commercial court lacked jurisdiction.
3. The Court's reasoning
• The insurer is a provider and the vehicle owner a consumer under Consumer Protection Law No. 6502.
• The dispute arises from a record relating to an insurance service and is therefore a consumer transaction; the insurance provisions of the Turkish Commercial Code do not prevent consumer law from applying (Law No. 6502, Art. 83).
• Jurisdiction is a matter of public order and must be considered ex officio at every stage. The first-instance court should have declined jurisdiction.
The decision was reversed in the interest of the law.
4. What does "reversal in the interest of the law" mean?
Under Article 363 of the Code of Civil Procedure, such a reversal does not change the final judgment or the parties' legal position in that case. Its purpose is to ensure consistent case law, so it serves as guidance for similar SİSBİS disputes.
5. Practical points for vehicle owners
• Correct court: a SİSBİS-related claim should be filed before the consumer court; filing in the wrong court can cause delay through a lack-of-jurisdiction ruling.
• Mediation: in consumer disputes, mandatory mediation may be a precondition to filing suit where the law so provides; the value and nature of the dispute should be assessed first.
• Documents: keep records showing where the vehicle was on the accident date, any accident report, correspondence with the insurer and documents showing the content of the record.
• Diminished value: an unjustified damage or fraud record may affect the vehicle's sale and valuation. See our articles on diminished value calculation and what to do after an accident.
Sources:
• Official Gazette of Turkey, 23 October 2026, No. 33409: https://www.resmigazete.gov.tr/23.10.2026
• Karar (Turkish), 23.10.2026: https://www.karar.com/guncel-haberler/yargitaydan-sisbis-kayitlari-icin-emsal-karar-gorevli-mahkeme-netlesti-2080153
• Son TV (Turkish): https://www.son.tv/yargitaydan-emsal-nitelikte-karar-sigorta-uyusmazliklarinda-gorevli-mahkeme-degisti/
Each case must be assessed on its own facts.
This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.
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