Background

A claimant filed a case against the defendants and requested the court to order the first defendant (company) to stop illegal competition activities and order the defendants to pay compensation of 5001 Dinars.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had rejected the case based on the argument that the joint venture company which the claimant represented was the party which should request the compensation although that company had no legal personality independent from the partners.

The court stated this argument was valid because the joint venture had no legal personality independent of the partners.

The court repealed the ruling.