10 October 2022
The two different chambers of the Samsun Regional Court of Appeal rendered different decisions on whether the relationship between the supplier company and the authorised repairer is a subcontractor relationship.
In order to resolve the discrepancy between the decisions rendered by the adorementioned chambers, the 9th Civil Chamber of the Court of Cassation made the following determinations and decided that the relationship between the supplier company and the authorised repairer is not a subcontractor relationship and that the supplier company is not liable for the employment debts of the authorised repairer.
DETERMINATIONS MADE BY THE 9th CIVIL CHAMBER
It is a requirement of the authorised service agreement that:
These are natural arrangements made to protect the brand of the supplier and to ensure its sustainability; they are not dufficient for the relationship to be considered a subcontracting relationship.
The fact that:
prevent the relationship between the supplier and the authorised repairer from being considered as a subcontractor relationship.