Article 223 bisAbrogé

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 8054/2559 (2016)

   Under the former Section 223 bis, a party could appeal a case turning solely on a question of law directly to the Supreme Court, bypassing the Court of Appeal, with the permission of the court of first instance.

   After the court of first instance dismissed the claim, the plaintiff appealed only on a question of law directly to the Supreme Court with the trial court's permission under the former Section 223 bis. The decision illustrates the leapfrog-appeal mechanism as it operated before the section was repealed.

2. Arrêt de la Cour suprême n° 4301/2559 (2016)

   Under the former Section 223 bis, paragraph one, permission for a direct appeal to the Supreme Court could be treated as given where, after the opposing party did not object, the court of first instance sent the case file to the Supreme Court, even without an express order allowing the appeal.

   The plaintiff appealed only on a question of law and asked to appeal directly to the Supreme Court. Although the court of first instance did not expressly grant permission, because the defendants received the motion and did not object and the file was forwarded, the Supreme Court held permission under the former Section 223 bis, paragraph one, could be inferred.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.