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The Supreme Court found that the MoU of 30/09/2010 was submitted after the hearing was closed and relied upon in the High Commercial Court's judgment without reopening proceedings or allowing the opposing party to contest it, violating the contradictory principle and thus conferring jurisdiction for a second appeal under Article 28 of Organic Law No. 03/2012.
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The Supreme Court found that the MoU of 30/09/2010 was submitted after the close of hearings and relied upon in the High Commercial Court's judgment without giving the opposing party an opportunity to contest it, thus violating the contradictory principle and conferring jurisdiction for a second appeal under Article 28 of Organic Law no03/2012.
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