Landmark Decision of the European Court of Justice on Football: Lassana Diarra Case
Introduction In the legal proceedings instituted by Lassana Diarra, who played football for several top clubs such as Chelsea, Real Madrid, and Arsenal, the European Court of Justice (‘ECJ’ or ‘the Court’) issued a landmark judgement (‘the Judgement’) on 4 October 2024.
Turkish Constitutional Court Judgement on Evidential Misassessment in Reinstatement Proceedings
In its judgement of 11 June 2024, published in the Official Gazette dated 3 October 2023 and numbered 32681, the Constitutional Court (‘CC’) ruled, within the scope of individual application no. 2019/7376, that the applicant’s right to a fair trial was violated owing to the evidential misassessment in reinstatement proceedings. [i]
Public Policy in Light of Recent Court of Cassation Decisions
The recognition, enforcement, and setting aside of foreign court judgements and arbitral awards in Türkiye constitute processes in which the public policy doctrine emerges as one of the most critical criteria for judicial review, both in theory and in practice. Court of Cassation judgements determine the trajectory of case law concerning the scope and application …
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Capital Increase through Capital Subscription
Share capital augmentation in privately held joint stock companies constitutes a significant transaction enabling the company to expand and satisfy its financing requirements by strengthening its equity structure. Share capital augmentation denotes an increase in the amount of the company’s ordinary/registered capital and is effected with the approval of a sufficient majority of shareholders. This …
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Real-Time Balancing Mechanism in the Electricity Market
Introduction The load increase/reduction instructions issued by the Türkiye Elektrik İletim Anonim Şirketi (‘TEİAŞ’) and market participants’ obligations concerning real-time balancing typically become a point of interest following power outages, malfunctions, and/or administrative investigations. Indeed, in mid-August, various media outlets reported that the Energy Market Regulatory Authority (‘EMRA’) had requested information from 66 electricity generation …
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Processing of Personal Data in the Context of Artificial Intelligence Models
Introduction The European Data Protection Board (‘EDPB’) published Opinion 28/2024[1] examining principal data protection issues arising from the processing of personal data within artificial intelligence (‘AI’) model environments. This Opinion was formulated in response to a request from the Irish Supervisory Authority pursuant to Article 64(2) of the GDPR,[2] acknowledging the extensive deployment[3] of AI …
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An End to Sending Verification Codes by SMS During the Provision of Goods and Services
Introduction In Türkiye, it has recently become increasingly common, particularly in retail stores, to send verification codes to data subjects via SMS during the provision of goods and services and to process personal data in this manner. In the complaints submitted to the Personal Data Protection Board (‘Board’), it has been observed that, during transactions …
European Commission Enters the Chat: EC’s Inaugural Decision on a Labor Market Cartel in Relation to No-poach Agreements and Recent Developments in Türkiye
Introduction Competition authorities worldwide have increasingly focused on labour market infringements under competition law, issuing new regulations and guidance in recent years.
ESG, Business Ethics and Reputation
ESG (Environmental, Social and Governance) is undoubtedly one of the most important issues of recent times and a trend gaining momentum in the face of concrete global challenges.