Background

A claimant filed a case against three defendants requesting that the court order the first defendant to announce his bankruptcy and appoint the second defendant as insolvency practitioner.

The court rejected the case.

The claimant appealed and the appeal court upheld the ruling.

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 defendant bank was a representative of the state and had referred the first defendant to the Public Prosecution for failing to pay an 800 Dinar debt. The claimant stated that the elementary court had misunderstood the case.

The court held that this argument was valid and repealed the ruling.