Court rules Martı TAG cannot be banned by judicial decision

The Regional Court of Appeal reviewing the unfair competition lawsuit filed by taxi chambers against Martı TAG overturned the first-instance court’s ruling and dismissed the lawsuits. The court ruled that a commercial activity not prohibited by law cannot be banned by a judicial decision.

A ruling has been issued in the unfair competition lawsuit filed approximately four years ago by taxi chambers in Istanbul and Antalya against Martı TAG. The Regional Court of Appeal, which reviewed the case at the appellate stage, accepted Martı’s application, overturned the first-instance court’s ruling and dismissed the principal and consolidated lawsuits.

The lawsuit was filed by taxi chambers, including the Istanbul Taxi Drivers’ Tradesmen’s Chamber and the Antalya Drivers and Automobile Chamber. The Istanbul 14th Commercial Court of First Instance had previously ruled that the application constituted unfair competition, and Martı had appealed that decision.

Operative section of the Regional Court of Appeal’s Martı TAG ruling

“A commercial activity cannot be banned by a court ruling”

The reasoning of the ruling stated that a commercial activity not prohibited by the legislature “cannot be prohibited by a court.” The ruling emphasized that the authority to prohibit a type of activity primarily belongs to the legislature and said that the ride-sharing system should be regarded as a result of the freedom of enterprise guaranteed by the Constitution. The court also drew attention to the gap in the legislation and noted the need for new legislation regulating urban transportation.

Öktem: Criminal complaints against those calling it “piracy”

Martı founder Oğuz Alper Öktem said the ruling meant the system had now officially become fully legal and said, “May it be beneficial to our country.” Öktem added, “From now on, we will file criminal complaints against everyone who calls Martı TAG ‘piracy’ on charges of defamation and disseminating misleading information.”

It is not yet known whether the ruling will be appealed to the Court of Cassation.

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