Background

Claimants filed a case against a defendant requesting that the court dismiss a decision which had deprived them of an award and order the defendant to pay this award.

The court ruled that the defendant pay the claimants the mentioned award.

The defendant appealed and the appeal court upheld the ruling.

The defendant appealed by cassation.

Decision

Before the cassation court the defendant argued that the ruling had erred in the application of law as the court had ordered it to pay the award without making sure the claimants met the conditions of the award.

The court held that this argument was valid as, even if the claimants met the conditions of the award, the defendant had the discretionary authority to decide whether to pay the award or not.

The court therefore repealed the ruling.