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HCCJ. General jurisdiction vs. exclusive jurisdiction over companies

The High Court of Cassation and Justice ruled that if the defendant is a natural person and the object of the complaint is his or her suspension as administrator of a company, provided that the latter is not a party in the lawsuit, art. 15 of the Code of civil procedure (art. 119 of the new Code) cannot be invoked. The provisions of art. 15 establish exclusive jurisdiction over the cause, depending on the territory where the company is located. However, the High Court stated that, in this particular case, the object of the request is the obligation to perform. The right is to be recognized and defended by  means of a personal action, therefore the provisions regarding general jurisdiction, i.e. art. 5 of the Code of civil procedure (art. 107 of the new Code): “the complaint is filed in the area where the defendant lives”, apply. (Decision no. 1181, 19th of March, 2013, rendered in second appeal by Section II – Civil of the High Court of Cassation and Justice, seeking obligation to perform)

:: The source: JURIDICE.ro

Andreea BANU

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