SBG 2402/2015

This case involved the execution of a ruling on a sales contract. A key question was whether it was possible to execute the ruling as it had been a request to confirm the validity of the contract.

Background

An Execution Judge stated that the court of first instance had issued its ruling in a case confirming the correctness of  sales contract concluded between the seller and the purchaser and dismissed the rest of the requests. The court of appeal upheld the ruling. The execution Judge said that the ruling had not included a clear request of commitment instead it was limited to confirming the correctness of the sale contract and this was not a matter that could be executed. The ruling was referred to the administrative court of appeal which in its turn issued a ruling referring the case to the administrative court to be referred to the competent department.

Decision