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HCCJ. Lack of interest for appeal

The High Court of Cassation and Justice has ruled that the interest, which is one of the conditions for filing a civil lawsuit, is the practical utility that one of the parties pursues when they decide to initiate the juridical proceedings, and this interest has to be legitimate, direct, current and it has to be already in existence. In this cause, the High Court has stated that the defendant is precisely the party who has won the lawsuit, because the lawsuit which was filed against him was dismissed as being filed against a person who was lacking of locus standi. This being the case, the High Court has dismissed the appeal, because it was filed against the defendant, proving a lack of interest. (Decision no. 1724 of the 16th of May 2014 pronounced by Civil Section 2 of the High Court of Cassation and justice, covering demands).

:: The source: JURIDICE.ro

Alexandra DOBRIȘAN 

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