Background

A claimant filed a case against defendants requesting that the court dismiss a decision which deprived him of promotion and order the defendants to appoint him in the relevant position.

The court rejected the request as the claimant failed to file a plea before filing the case.

The claimant appealed and the appeal court rejected the case.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had contradicted documentary evidence as the court had misunderstood the actual content of the case.

The court held that this argument was valid as the defendants had maintained before the court that the final administrative decision regarding the promotion had not yet been issued but the court abandoned the ruling and rejected the case, despite it previously validating the claimant's right to receive severance pay.

The court therefore repealed the ruling.