Background

The judge of implementation issued an order against a defendant to prevent her from travelling abroad based on her owing an amount of money to a bank.

The defendant brought a plea against the order and the court ruled that the order be cancelled.

The bank appealed and the appeal court upheld the ruling.

The bank appealed by cassation.

Decision

Before the cassation court the bank argued that the ruling had insufficient evidence of causation as the defendant owed the bank an amount of money and an absolute ruling had been issued against her, but the court violated legal procedure by dismissing the travel ban.

The court held that this argument was invalid as the court had concluded that the travel ban order was issued in violation to the law as the defendant had no serious intention of leaving the country.

The court therefore dismissed the appeal.