High Court of Cassation and Justice
PRESS RELEASE
In its session of 26 February 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in the Case, considered an appeal in the interest of the law and returned the following Judgment:
Decision No 2 in Case No 2975/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Cluj and, accordingly, establishes that:
In interpreting and applying the provisions of Article 115 paragraph (1) of Law no. 85/2014, in conjunction with the provisions of Article 32 and 33 of Government Emergency Ordinance no. 80/2013, in relation to the provisions of Article 197, Article 470 paragraphs (2) and (3) and Article 486 paragraphs (2) and (3) of the Code of Civil Procedure, in the case of claims and appeals lodged or declared by the debtor prior to the opening of insolvency proceedings, subject to judicial stamp duty, according to the law, the appropriation of the claim or appeal by the insolvency practitioner appointed in the proceedings subsequently opened does not entail exemption from the payment of judicial stamp duty.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 26 February 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.