Background

A claimant filed a case against a defendant requesting that the court order the defendant to provide annual statements of his activities.

The court refused to consider the case as it had been previously settled.

The claimant appealed and the appeal court held that the claimant had no right to appeal the ruling.

The claimant appealed by cassation.

Decision

The court of cassation raised the issues which relate to the general system and stated that the court the claimant had brought the case before had no mandate to consider the case as it related to a dispute over shares.

The court therefore repealed the ruling.