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Piperea and Associates obtained the judicial recognition of the Group of companies in national jurisprudence

On the 3rd of September 2012, the Galati Court pronounced over a request for connecting two cases that had as object two causes regarding the insolvency procedure of two different debtors. The request was made by the debtors, SC Intfor SA, attorney, Gheorghe Piperea, that solicited the connecting of case file no. 5739/121/2011, tried at Galati Court, and the case file no. 8465/121/2011, tried at the same court.

The syndic judge, considering the dispositions in art. 20 and art. 148 , paragraph (2) in the Romanian Constitution and art. 164 in the civil procedure Code, admitted the request for the connecting of the cases under no. 5739/121/2011, in the case file 8465/121/2011. The connecting was made to this case file because its object is composed by the dominating Company in the group.

The trial court, ratifying the arguments of  SCA PIPEREA SI ASOCIATII, retained that in the Romanian legislation and practice there have not been any similar situations regarding insolvency, but in the view of the Justice Court of the European Union (AkzoNobel, cause C97/08) the group of companies is the owner of a complex enterprise that sums up the enterprises  of which its owner are contracting companies, independent of the judicial statute of this entity and of its financing. So, justly, the Galati Court considered that there is a strong connection between the two causes, the object being the same.

The motivation of the court and comments on the arguments of the syndic judge will be found in an article that is to be published in the Judicial Courier magazine.

>> The source: JURIDICE.ro

Vlad VRÎNCEANU

 

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