Background

Claimants filed a case against defendants requesting that the court dismiss the procedures of a Ministry of Finance workers' election.

The court rejected the case.

The claimants appealed and the appeal court upheld the ruling.

The claimants appealed by cassation.

Decision

Before the cassation court the claimants argued that the ruling had erred in the application of law as the primary law of the association did not identify the party that could receive appeals against the result of the election and thus the courts had the mandate to consider such issues.

The court held that this argument was valid as the courts have the mandate to consider all disputes regardless of their type and the parties involved. The court stated that the primary law of the association did not identify the party to which the appeal could be introduced in the case of a dispute over the election.

The court therefore repealed the ruling.