ECC 6826/2000

This case involved damages due for the violation of a contract. The wrong statute of limitations had been applied as the rules related to general contractual responsibility should have been followed.

Background

A claimant filed a case against defendants before the court of first instance requesting the defendants pay compensation for damage which had resulted from their violation of a contract dated 15/12/1984.

The court ruled that the case should be dismissed due to the statute of limitation stipulated by Article 452 of the Civil Law.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimant 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 misunderstood his request and applied the rules of statute of limitation stipulated by Article 452 of the Civil Law.