DCC 94/2007

This case involved a claim for non-payment of a winning auction bid. It was wrongly argued the auction was void due to procedural issues. Minor procedural issues did not make an auction void. The court also looked at the interest rate on the amount due. A maximum of 12% was allowed but there was no evidence market rates or an agreement between the parties had required that.

Key Legal Questions

What are the requirements to order a public auction?

What is the difference between a public and a private auction?

What are the effects of the non-observation by local authorities of Articles 123-128 of Federal Law No 18/ 1993 on public auctions?

What interest rate arises from disputes relating to the procedures of a public auction?

Background Facts