93. It follows from the foregoing that the Court intervenes in the factual findings
and decisions of domestic courts only in the event of a manifest irregularity
resulting in a denial of justice. Regarding the allegation being considered,
the Court notes that it relates to violation of the Applicant’s right to fair trial
due to the erroneous application of the law by judges of the Court of First
Instance and the Court of Appeal.
94. In this regard, the Court observes that it emerges from the record that, in
Judgment No. 22538 of 3 November 2010 rendered by the Ben Arous Court
of First Instance (page 8), in Judgment No. 82390 of 8 April 2016 rendered
by the Tunis Court of Appeal (pages 9 and 10), and Judgment No.
45501/46360 of 4 December 2017 (pages 6 to 14) rendered by the
Cassation Court, the domestic courts stated the grounds for their
interpretation of Article 444 of the Code of Civil and Commercial Procedure16
and the intention of the legislators.
95. The Court also notes that the Cassation Court adopted the same
interpretation and application of Article 444 of the Code of Civil and
Commercial Procedure as that of the lower courts. The Cassation Court
thus confirmed that
That the legislator waived the requirement for the bidder at an auction
to deposit a guarantee is mainly due to the fact that the bidder had
already met this requirement, having participated in the first auction.
He met the guarantee requirements and was obtained a decision
conferring on him ownership of the property. The property, valued at
five-sixths of the new highest bid amount, was transferred to him by the
first sale. Consequently, the guarantee requirement applies to each
new interested bidder in order to guarantee that only credible and
serious bidders participate in the new auction, and this condition does
not apply in any way to the auction bidders.
16 Article 444 of the Code of Civil and Commercial Procedure states: "The re-auction takes place forty
days at the earliest and sixty days at the latest after notice of re-auction has been served".
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