Supreme Court dismisses appeal; Art. 411 k.p.c. does not apply to bankruptcy with restructuring plan possibility.

The Supreme Court dismissed the cassation appeal, remanding the case for a new trial. The lower court had applied Article 411 of the Code of Civil Procedure to award damages for an unlawful termination of employment during a bankruptcy restructuring proceeding. The Supreme Court held that this provision, which allows termination without notice, applies only to liquidation bankruptcy and not to bankruptcy proceedings with the possibility of concluding a restructuring plan, as the latter lacks the specific statutory basis required for such a drastic measure.