Background

A claimant filed a case against a defendant requesting that the court dismiss a decision.

The court ruled that the decision be dismissed.

The defendant 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 court had rejected the case based on him not having made a plea against the decision, but he had.

The court held that this argument was valid as the decision was not new and did not result in a new legal position that differed from the original legal position.

The court therefore repealed the ruling.