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Not always the losing party pay the costs

High Court of Cassation and Justice ruled that the mere fact that an unsuccessful party does not mean automatically that procedural fault is covered by Art. 274 paragraph 1 Civil Procedural  Code, to be ordered to pay the costs. In this case, the applicant brought an action relying on the provisions of a law, but during the development process, the legal text that was based the application was declared unconstitutional, which led to the rejection of the applicant’s application and ordered the defendant, the Romanian State to pay the costs. The High Court said that that is not likely to lead to “punish” the party under Art. 274 paragraph 1 Civil Procedural Code because it is not in default proceedings and the defendant has not suffered an injury during the  trial solution keeping obligation to pay the costs. (Decision no. 1129 of 21 February 2012 pronounced in appeal by the Civil Division of the High Court of Cassation and Justice having as object damages under Law no. 221/2009)

>> The source: JURIDICE.ro

Daniela GHICAJANU

 

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