136 Physician's Compulsory Liability Insurance According to Judicial and Arbitral Decisions fact that a mediator has been applied before filing a lawsuit in disputes heard in consumer courts is a condition of action. Provisions regarding mediation are not applied as a condition of action in the following matters: a) Disputes within the scope of the duty of the consumer arbitration committee, b) Objections to the decisions of the consumer arbitration committee, c) The cases specified in the sixth paragraph of Article 7357, ç) The cases mentioned in Article 7458 and d) Disputes in the nature of a consumer transaction and arising from the same property Article 18/A-11 of HUAK does not apply to the detriment of the consumer.59 57 According to LPC article 73/6, consumer organizations, relevant public institutions, and organizations, and the Ministry; in order to take a preliminary injunction to prevent or stop it, or to detect, prevent or stop the unlawful situation except for the provisions regarding unfair commercial practices and commercial advertisements, in cases where there is a danger of a situation inconsistent with this Law, which generally concerns consumers, it may file a lawsuit in consumer courts. 58 LPC article 74: (1) The Ministry, consumers or consumer organizations may file a lawsuit in order to determine that a serial product offered for sale is defective, to stop its production or sale, to eliminate the defect and to have it collected from those who hold it for sale. (2) If it is determined by a court decision that the serial goods offered for sale are defective, the court may decide to temporarily suspend the sale of the goods or to remedy the defect, depending on the nature of the defect. The manufacturer or importer is obliged to remove the defect of the goods within three months at the latest from the notification date of the court decision. In the event that it is impossible to eliminate the defect of the goods, the goods are collected by the manufacturer or the importer or have it collected. The seized goods are partially or completely destroyed or destroyed according to the risks they carry. Litigation and compensation rights of the consumer regarding the destroyed goods are reserved. (3) In the event that a series of goods offered for sale carries a defect that endanger the safety of the consumer, the provisions of the Law on the Preparation and Implementation of the Technical Legislation Regarding the Products are reserved. 59 Civil Procedure Mediation Law article 18/A-11: “In the event that the mediation activity ends due to the failure of one of the parties to attend the first meeting without a valid excuse, the party who did not attend the meeting is stated in the final report and this party is held responsible for the entire cost of the trial, even if it is partially or fully justified in the case. In addition, no attorney’s fee shall
RkJQdWJsaXNoZXIy MTQ3OTE1