Mandatory Term v. Recommended Term

The High Court of Cassation and Justice has ruled that the mandatory provisions of art. 73 para.2 of Law no. 85/2006, which establishes a period of five days in which to appeal the decision with the preliminary claims table and not conflict with the terms recommended by the bankruptcy judge in concluding opening of insolvency proceedings. Consequently, no conditions laid down in art. 322 (7) Civil Procedure Code are respected and leave to review cannot be granted when invoking contrariety of end opening of insolvency proceedings and the decision rejecting the challenge to the preliminary table as being late, as this cannot be mistaken as the term prescribed by art. 73 (2) of Law no. 85/2006 with the deadlines stipulated by art. 62 of the same law. (Decision no. 4020 of November 19, 2013 issued by the Civil Section II of the High Court of Cassation and Justice covering application review)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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