Cassation court dismissed appeal stating preliminary ruling does not affect outcome when claim is not enforceable.

The cassation court dismissed the appellant's complaint regarding the lower court's refusal to issue a preliminary ruling. The appellant argued that the first-instance court violated procedural rules by not issuing a preliminary judgment, while the lower court held that the claim for free shares was not yet enforceable due to the state's failure to sell shares. The court ruled that since the substantive claim lacked enforceability, a preliminary ruling was legally impossible, and thus the procedural complaint was unfounded.