4.
On 15 August 2008, the Applicant, together with the real estate company
Aqariat Elsharie Real Estate Company (“hereinafter referred to as
“AEREC”), which is a subsidiary of the Société Tunisienne de Banque, took
part in the auction of a plot of land. During the auction, the plot, measuring
60,000 square meters, was sold to AEREC.
5.
The Applicant submits that his bid for the 60,000 square-meter plot was
higher than that of AEREC by more than one-sixth. The Applicant also
submits that, in accordance with Article 442 of the Tunisian Code of Civil
and Commercial Procedures (promulgated by the Law No.130 of 5 October
1959, and amended by Law No. 2010-36 of July 5, 2010), the property in
question was listed for re-auctioning.
6.
During the bidding session for the re-auction of the property, the Applicant
challenged the participation of AEREC before the District Court of Ben
Arous, alleging that the said company did not meet the conditions stipulated
in Article 444 of the Tunisian Civil and Commercial Procedures Law. The
objection was however dismissed on 15 October 2008 and the property was
sold to Aqariat Elsharie. Subsequently, ownership of the property was
formally transferred to AEREC by Decision No. 20282 of 15 October 2008,
issued by the Property Sales Division of the Court of First Instance.
7.
The Applicant challenged the decision before the Ben Arous Court of First
Instance, claiming that AEREC’s participation in the auction was illegal. On
3 November 2010, the Court of First Instance rendered judgment No. 22538
dismissing the Applicant’s case.
8.
The Applicant then appealed against the judgment of the Court of First
Instance No. 22538 before the Tunis Court of Appeal which, by Judgment
No. 31528 of 12 March 2013, upheld the first decision.
9.
The Applicant subsequently appealed the said decision before the
Cassation Court which, by Judgment No. 9287 of 30 April 2013, allowed the
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