Background

A claimant filed a case against a company requesting that the court order the company to pay him compensation. The claimant stated that he had bought shares from the company but the company had hidden the information required for speculation.

The court rejected the case.

The claimant appealed and the appeal court upheld the ruling.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as he had requested that the court appoint an expert and order the company to pay compensation in a dispute concerning speculation, therefore, the court of financial markets should be the court with the mandate to consider the case.

The court held that this argument was valid as the court of cassation should raise the issues relating to the general system, even if such issues are not considered before the lower courts. The court stated that the dispute was over shares and thus the court of financial markets had the mandate to consider the case.

The court therefore repealed the ruling.