Background

A claimant filed a case against defendants and requested the court to dismiss a decision which had dismissed him from the management board of a company and to dismiss the appointment of the first four defendants in the management board.

The court ruled the dismissal decision should be dismissed.

The claimant and the defendants appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the dismissal decision should be dismissed and that the appointment of these defendants should be dismissed.

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law because the court had established its ruling based on the argument that not all partners had approved the dismissal of the claimant although the appointment of other managers did not require the approval of all partners and this was regulated by Article 212 of the Law of Companies.