ICO, Mahmoud Mesbah and Partners Law Firm is proud to announce a significant victory achieved in the Egyptian Court of Cassation, marking a pivotal moment in a complex lawsuit that had been pending for over six years in the Cairo Economic Court.

Case Overview

This case involved a civil dispute within the telecommunication sector, where the Economic Court had improperly maintained jurisdiction, despite the case falling outside the scope of telecommunication law. Our firm successfully argued that the Economic Court exceeded its jurisdiction, leading to this landmark ruling.

Key Ruling Highlights

The Cassation Court’s decision is anchored in fundamental judicial principles that emphasize due process and the essential role of the Cassation Court as the final arbiter of justice. The court underscored the necessity for lower courts to address critical legal defenses, especially those concerning public policy, while providing clear justifications for their decisions.

Establishing New Legal Principles

This ruling sets forth two groundbreaking legal principles:

1. Expanded Cassation Court Review: Previously, judgments from the Economic Court of Appeal were final and could not be challenged. This ruling now allows for these judgments to be reviewed and potentially overturned by the Cassation Court.
2. Direct Intervention by the Cassation Court: The ruling enables the Cassation Court to directly intervene in cases where the Economic Court of Appeal exceeds its jurisdiction, allowing for immediate overturning of judgments instead of merely remanding the case for further review.

Implications

This landmark decision not only strengthens our firm’s capacity to seek justice in similar cases but also reinforces the commitment to uphold crucial legal principles, even amidst complex litigation.

ICO, Mahmoud Mesbah and Partners Law Firm remains dedicated to advocating for justice and ensuring the rule of law is upheld in all circumstances.