- Decision no. 5/2023 on the examination of the application lodged by the Bucharest Court – Civil Section IV, in case no. 16,927/4/2017*, for the purpose of delivering a preliminary decision
- The Bucharest Tribunal the 4th Civil Section ordered, by the conclusion of 28 September 2022, in case no. 16,927/4/2017*, at the request of the appellant-intervener, the referral to the High Court of Cassation and Justice, pursuant to Article 519 of the Code of Civil Procedure, in order to give a preliminary ruling on the following question of law: “If the provisions of Article 262(4) of Law No 207/2015 on the Fiscal Procedure Code, as amended and supplemented, are derogatory from the common law represented by Article 724 of the Code of Civil Procedure, as regards the way to restore the previous situation in case the forced executed goods were recovered, respectively if, according to Article 262 paragraph (4) of Law no. 207/2015 on the Fiscal Procedure Code, as subsequently amended and supplemented, in tax matters, the method of restoring the previous situation in case the goods were forced to be recovered can be done only by the entitled person returning the amount due to him from the recovery of the goods.”
- The court considered that the condition of novelty of the question of law is not met, as long as, according to the data communicated by the national courts, the judicial practice created in the solution of this point of law has not been identified. Moreover, the fact that many of the courts of appeal have not expressed any theoretical views allows the conclusion that the applicability of the legal texts at issue has not become frequent lately and the issue of law raised is not of current interest, it is not a problem with real potential to create jurisprudence divergence. Thus, it is rejected, as inadmissible, the application lodged by the Bucharest Court – Section IV Civil, in case no. 16,927/4/2017*, in order to give a preliminary ruling on the present point of law.
- Law no. 49/2023 on the approval of Government Emergency Ordinance no. 62/2022 amending Article 262 paragraph (32) of Law no. 85/2014 on insolvency prevention and insolvency procedures and Government Emergency Ordinance no. 19/2022 on some measures relating to performance bonds regarding public procurement agreements
- Economic operators in a pre-trial agreement with creditors procedure, opened before 17 July 2022, have the right to request the extension of the deadline for satisfying the claims established by agreement with creditors with another 24 months.
- The provisions of paragraph (1) shall apply to economic operators who have benefited from extensions of the agreement with creditors. The maximum total duration of the agreement with creditors, including extensions, shall be 60 months calculated from the date of approval.
- The request for extension of the deadline for the satisfaction of the claims established by the agreement with creditors can be made at any time by the administrator of the agreement with creditors, until the closure of the procedure is ordered, in accordance with the provisions of this law.