ECC 176/1999
Type
Case
Court
Egypt Court of Cassation
Jurisdiction
Egypt
Taxonomy
Bankruptcy, Companies & Corporate Bodies, Agriculture
Copyright
LexisNexis
Decision date
4 Jan 1999
Catchwords
Bankruptcy – Merchant – Company – Agriculture
This case involved a request by a creditor for a company to be declared bankrupt. The company was not a merchant but a civil company involved in agriculture so these bankruptcy rules did not apply.
Background
A claimant filed a case against a company before the court requesting the company to declare the company bankrupt. The claimant said that the company owed to him 300000 Egyptian Pounds.
The court ruled that the company should be declared bankrupt.
The defendant appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.
Decision
The defendant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law because the court considered the company to be a merchant and ruled that it should be declared bankrupt although it was one of the civil companies and had never worked in merchandise.