High Court of Review and Justice
In its hearing of 27 June 2022, the Panel for the Settlement of Appeals in the Interest of the Law the High Court of Review and Justice, legally established in the case, settled an appeal in the interest of the law, and returned the following judgment:
Judgment no. 14 in case no. 893/1/2022
The Panel admits the appeal in the interest of the law filed by the Managing Board of Iaşi Court of Appeals and, as a result, establishes that:
Based on the consistent interpretation and application of the stipulations of Art. 169 para. (1) item d), second intent, of Law no. 85/2014 on Insolvency Prevention and Insolvency Proceedings, as subsequently amended and supplemented, in a situation where the respondent does not hand over the accounting documents to the insolvency practitioner following a prior notice, it is relatively presumed that all requirements for triggering the former’s financial liability for the act provided by Art. 169 para. (1) item d) of the same law are met.
Mandatory, pursuant to the stipulations of Art. 517 para. (4) of the Civil Procedure Code.
Returned in public hearing today, 27 June 2022.
After the considerations are drafted, and the judgment is signed, it will be published in Part I of the Official Journal of Romania.
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