ECC 2809/63

This case involved a request to cancel an implementation order for a fee estimate. The case documents revealed a previous absolute ruling had been issued and cancelled the disputed order.

Background

A claimant filed a case against two defendants and requested the court to suspend the implementation of an estimation fees order and dismiss the order.

The court ruled the order should be dismissed.

The defendants appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had violated the law because the order under consideration was issued in a previous case.

The court stated this argument was valid because the case documents revealed that a previous absolute ruling was issued and cancelled the disputed order.

The court repealed the ruling and upheld the elementary ruling.