ECC 4253/63

This case involved whether a company had been overcharged for fees by the Real Estate Publicity Department. It was wrongly argued there was a different fee structure for establishing a company and amending contracts.

Background

A company filed a case against the Real Estate Publicity Department and requested the court order them to pay them back 6500 Egyptian Pounds. The company stated the department had collected a fee of 7500 Egyptian Pounds for raising capital although Article 21 of Egypt Law No. 159/1981 determined this fee had a maximum rate of 1000 Egyptian Pounds.

The court rejected the case.

The company appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the department should pay the company 6500 Egyptian Pounds.

Decision

The department appealed the ruling before the court of cassation and staetd in its grounds of appeal that the ruling had erred in the application of law because the determination of the maximum fee rate at 1000 Egyptian Pounds elated to the contract of establishment of a company and not to amendment contracts.