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The lack of locus standi in review proceedings

The High Court of Cassation and Justice decided that, while the appellant company did not represent a party to the proceedics, participating in the process not in its own name but as the legal representative of the defendant, the Romanian State, as expropriator (in this case, the provisions of GO no. 392/2002 expressly established that expropriation process will be processed by the Romanian State through the Generation Company of Electricity H. SA.), such person may not appeal to declare extraordinary appeal in its own name, as it was not party to the trial in first instance nor in the appeal court in the first procedural cycle nor in a retrial after the appeal was quashed by the court, so that it must dismiss the appeal as formulated by a person without standing to exercise this remedy. (Decision no. 461 of 17 February 2015 rendered in Civil Appeal Division I High Court of Cassation and Justice covering compensation following expropriation)

:: The Source: JURIDICE.ro

Dan Alexandru NEGRU

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