“In order to establish the monetary equivalent of the damage apply the principles established by art. 1084 – 1086 C. civ. of 1864, meaning that the damage should include actual losses and lost profit, the repair of only the damage foreseeable when the contract was closed, respectively the direct damage, in causal connection with the fact that generated it.
The loss of profit (lucrum cessans) must be certain both in terms of its existence, and in terms of the possibility of assessing it, condition which was not made in the cause by simply pointing by the appellant – applicant the sum claimed and a calculation of its own ways, without reference to objective factors to determine in the concrete the damages produced. “
In this case brought to be judged, the Court also found that there were not proven in the cause the other conditions required by law to be established the liability of the defendant though ordering to pay the damages requested: illicit act, causal link between the act and injury and guilt.
How the appellant applicant has not proven that it suffered through a culpable misconduct by the defendant another prejudice than the on resulting from late payments and which was fully repaired in the conditions stipulated in art. 19.2 of the contract, by paying with the payment order the delay penalties, the Court finds no grounds for admission of the claim for compensation for loss of earnings.
The appellant has not proven her claim on the termination in bad faith by the respondent – defendant of the supply contract and addenda signed by the parties.
The appellant has not proved the fulfillment of the legal and conventional conditions in order to oblige the respondent – defendant to pay damages in the amount of 1,258,068 lei, by way of loss of profit.
Given the reasons exposed that prove that was no longer necessary to examine the other circumstances of fact, which were reiterated in the present appeal without a direct link with the arguments retained in the contested judgment, the High Court finds that there is no need to cancel or amend this decision and as a consequence, will reject the appeal as unfounded.