Plaintiff dismissed; abstaining votes do not count as 'yes' for the 'over 50%' rule in school director election regulations.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's cassation appeal against the lower courts' rejection of her claim to become a school director. The core dispute concerned whether abstaining votes should be counted as affirmative votes to meet the regulation's requirement of 'over 50%'. The court held that the regulation's plain meaning requires more than half of the total votes cast to support a candidate, meaning abstentions are valid votes but do not count as 'yes'. Consequently, the plaintiff failed to secure the necessary majority and was not elected.
Legislator headnote
AI generated§ 4 of the competition regulations; the requirement of 'over 50%' means more than half of all votes cast must be affirmative, so abstaining votes are counted in the total but do not count as 'yes' votes.