Background

A claimant filed a case against defendants requesting that the court dismiss Decree No. 46/1995 which had deprived him of promotion.

The court ruled that the decree be dismissed.

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

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as the position relating to promotion had become vacant, therefore, the court should not have considered the defendants' appeal.

The court held that this argument was invalid as the cancellation case should protect the legal position and is filed against an illegal decision. The court stated that the vacancy did not mean the court should not have considered the case.

The court therefore dismissed the appeal.