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Intel

Case Summary: Supreme Court (Civil Circuit) Contestation 239/2018 (Calculation of Contestation Time Limits)

The Supreme Court held that the forty-day deadline for contesting a judgment begins the day after issuance for parties present at proceedings. If the deadline ends on a holiday, it extends to the next working day, but filing after that day renders the contestation time-barred under articles 19, 204, and 242 of the Civil and Commercial Procedures Law.


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Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 62/2018 (Notification of Arbitral Awards and the Start of the Annulment Time Limit)

The Supreme Court held that the ninety-day time limit to file an annulment lawsuit against an arbitral award runs only from formal notification through a court bailiff, and that delivery of the award to the parties by the arbitral tribunal does not take its place.


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Intel

Case Summary: Supreme Court Contestation 1225/2017 (Partial Annulment of an Arbitral Award for Lack of Decisiveness and Contradiction)

The Supreme Court held that an arbitral award's operative part must be decisive, binding, and free of internal contradiction. An award that leaves compensation undetermined and proposes resolving it through future litigation or party agreement fails this requirement and is subject to partial annulment under article 53 of the Law of Arbitration in Civil and Commercial Disputes.


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Intel

Case Summary: Supreme Court (Civil Circuit A) Contestation 155/2018 (Consequential Damages for False Criminal Accusation of Employee)

The Supreme Court held that an acquitted bank employee suspected of fraud is not entitled to compensation for financial, psychological, and moral losses she incurred as a result of the criminal investigation. The Supreme Court based its judgment on the fact that the criminal investigation that took place was legitimate, even though the employee was eventually not found guilty.


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Intel

Fatwa Summary: MJLA Fatwa 182710759 (Liquidation of a Shareholder)

The Ministry of Justice and Legal Affairs (MJLA) deemed that the liquidation of a shareholder in a limited liability company does not affect the legal status of the limited liability company.


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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 634/2017 (Legal Effect of Rescinding a Resignation Letter)

The Supreme Court held that a letter of resignation loses its legal effect if the employee rescinds this letter before the employer accepts this resignation.


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Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 766/2017 (Calculation of Rest in Overtime Work)

An employee sued his employer for compensation for unpaid overtime working hours on the basis of two extra hours plus a one-hour break. The Supreme Court held that break time is not calculated as part of unpaid overtime.


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Case Summary: Supreme Court (Labour Circuit) Contestation 548/2017 (Failure to Terminate a Definite Period Contract)

The Supreme Court held that the failure of the employer to terminate a definite period employment contract before its expiry transformed the contract into a new indefinite period contract.


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Intel

Case Summary: Supreme Court (Criminal Circuit A) Contestation 821/2017 (Firing a Weapon During Traditional Celebrations)

The Supreme Court held that firing a weapon during celebrations without a permit constitutes a crime regardless of the individual's motive or adherence to local traditions. The court clarified that the law criminalises such acts to protect public safety, and general criminal intent is satisfied merely by the knowing and willing act of firing the weapon.


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Intel

Case Summary: Supreme Court (Commercial Circuit) Contestation 159/2017 (Liability of Ground Handlers for Improper Storage of Pharmaceuticals)

The Supreme Court held that the Montreal Convention 1999 does not apply where cargo arrives intact and the damage occurs entirely during ground storage after the air transit is complete. In that situation the Commercial Law governs, and the ground handling operator guarantees the safety of the goods from the moment they are unloaded from the aircraft until delivery to the consignee, whether or not it owns the warehouses it uses.


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