Breaching the limitation period for mass damage claims

The defendant entered into an agreement with the plaintiff. After termination, the defendant obtained a claim against the plaintiff. Plaintiff claims before the court that the defendant cannot have a claim against the plaintiff because the plaintiff wants to close the file after seven and a half years. The defendant wants to keep its claim. The plaintiff is admissible because it brings an interest before the court. The court ruled that it is not for the plaintiff to determine the defendant’s right to action before the court because of the autonomy of the parties to the proceedings. In addition, this would breach the statute of limitations. The plaintiff did not appeal and the court may not apply it ex officio.

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