High Court of Review and Justice
PRESS RELEASE
In its hearing of 21 March 2022, the Panel for the Clarification of Law Matters in the Civil Law Area of the High Court of Review and Justice, legally established in the case, settled a referral for a preliminary ruling for the clarification of law matters, and rendered the following judgment:
Judgment no. 16 in case no. 123/1/2022
The Panel dismisses, as inadmissible, a referral filed by Galați Court of Appeals – Administrative and Tax Litigation Chamber, in case no. 6226/118/2017, for a preliminary ruling concerning the following law matters:
Whether according to the interpretation and application of Art. 75 para. (1) of Law no. 85/2014 on Insolvency Prevention and Insolvency Proceedings, as subsequently amended and supplemented, and of Art. 53 para. (1) of Law no. 101/2016 on Remedies and Means of Appeal in the Area of Award of Public Procurement Contracts, of Utility Contracts and of Work and Service Concession Contracts and on the Organization and Operation of the National Council for the Settlement of Complaints, in the form in effect in the period between 26 May 2016 and 21 December 2017, the entering into insolvency of a consortium leader, which is a party to a public procurement contract, triggers the suspension of the action for the enforcement of the public procurement contract filed by such party prior to entering insolvency.
Whether according to the interpretation and application of Art. 105 para. (1) and (2) and of Art. 106 of Law no. 85/2014, the judicial administrator has the competence to check the merits of the contractual fault, to order the cancellation of claims and of documents issued by the parties or of receivables deriving from a public procurement contract, such check being previously subject to a case pending with a court panel notified by the debtor who was subject afterwards to an insolvency proceeding under Art. 53 para. (1) of Law no. 101/2016, in the form in effect in the period between 26 May 2016 and 21 December 2017.
Mandatory, as per the provisions of Art. 521 para. (3) of the Civil Procedure Code.
Rendered in public hearing today, 21 March 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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