HCCJ. Request for a retrial lodged by the applicant. Effects on the counterclaim

The High Court of Cassation and Justice decided that in accordance with Art. 245 pt. 1 Civil Procedure Code (Art. 415 pt. 1 NCPC), the judgement restarts through the application for opening made by either party when it was suspended by consent or by their absence. In this case, the court ordered, pursuant to Art. 242 para. (1) pt. 2 Civil Procedure Code (Art. 411 par. 1 pt. 2 NCPC), suspension of the trial regarding main proceedings and counterclaim, to which the court did not order disjunction, but considered as needed to be judged together with the main proceedings. Subsequently, the applicant requested the case to be put back on the roll. Under these circumstances, based on the provisions of Art. 245 pt. 1 Civil Procedure Code, the High Court held that the request to reopen the debate on the suspended case brought by either party represents an advantage for them all, such that determined by the request to reopen brought by the applicant, correctly, the first court put back on the roll the both the main proceedings and counterclaim. (Decision no. 3195 of 5 December 2014 rendered in appeal by the Second Civil Division of The High Court of Cassation and Justice, covering claims)

:: The Source: JURIDICE.ro

Anda-Laura TĂNASE

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