Point of law: whether the rules relating to the payment of membership fees by the members of associations and unions may, by way of analogy, govern the obligations as to the payment of fees by the participant of a non-commercial partnership who left the partnership before the end of financial year?

Alternative solutions: 1) legal analogy in such cases is admissible (the view of lower courts); or 2) the legal analogy is inadmissible, because the function of membership fees in unions and associations, on the one hand, and non-commercial partnerships, on the other hand, is not the same – non-commercial partnerships may engage in entrepreneurial activities and thus the fees paid by their members are not their only source of financing.

Ratio decidendi: the second solution was deemed to be legally correct.

Practical consequences: the Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.