ECC 152/2001
Type
Case
Court
Egypt Court of Cassation
Jurisdiction
Egypt
Taxonomy
Limitation of Actions, Civil Evidence, Litigation Procedure & Practice, Judiciary, Personal & Occupational Pensions
Copyright
LexisNexis
Decision date
13 Nov 2001
Catchwords
Judge – Pension – Statute of limitations – Evidence – Litigation Procedures
This case involved a request by a judge for a change to his pension. A key issue was whether this claim was impacted by the statute of limitations. If it was impossible for an individual to make a claim this did not apply.
Background
The National Organization for Social Insurance made a final settlement on the variable wage of a judge for the period from 08/11/1987 to 01/02/1994 and amended his retirement salary for the period from 01/04/1994 to 31/07/1994 with a maximum salary of 9000 Egyptian Pounds and said that the previous period was dismissed due to the statute of limitations.
The judge appealed the ruling before the court of cassation and said in his grounds of appeal that Article 382 of the Civil Law stipulated that the application of the statute of limitation should be ceased if it was impossible for the claimant to claim a right.
Decision