Supreme Court dismisses appeal as appeal against procedural order is not a final decision ending proceedings.
Synthèse Legislator
Généré par l'IAThe Supreme Court dismissed the cassation appeal filed by the defendants against the second-instance court's order rejecting their request to extend the deadline for requesting a written justification. The defendants argued that the lower court failed to address the appeal within the scope of the challenge, but the court held that such procedural orders are not final decisions ending the proceedings. Consequently, the Supreme Court ruled that cassation is inadmissible because the appealed order did not conclude the case as a whole.
Regeste Legislator
Généré par l'IAArt. 392 § 1 KPC; Art. 357 § 1 KPC; Art. 394 § 2 KPC; Art. 394 § 1 KPC; Art. 393 § 8 KPC; Art. 393 § 5 KPC: Cassation is inadmissible against procedural orders that do not conclude the proceedings, as only final decisions ending the case may be subject to cassation.