Background

A claimant filed a case against two defendants requesting that the court order them to dismiss an administrative decision which had discounted an amount of money from his salary.

The court ruled that the decision be dismissed.

The defendants appealed and the appeal court upheld the ruling.

The defendants appealed by cassation.

Decision

Before the cassation court the defendants argued that the ruling had erred in the application of law as they had argued before the court that the case should be rejected due to the statute of limitations as the claimant had filed it one year after the discounting date.

The court held that this argument was valid as the court had ignored this defence despite it being a substantial one.

The court therefore repealed the ruling.