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Context and Factual Background The Specialized Tribunal in Cluj opened simplified insolvency proceedings against the debtor company. The finalized table of creditor claims included a claim from the Cluj-Napoca Regional Directorate for Public Finance (DGRFP) for additional assessed VAT. The company had been registered as a VAT payer though it never exceeded the registration threshold, …

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Facts of the Case The Specialized Tribunal admitted the request of the judicial administrator/liquidator to engage the liability of the debtor company’s administrators under Article 169 (1)(a) and (d) of Law 85/2014. The debtor had entered insolvency under the simplified procedure. The liquidator found that the administrators withdrew significant sums of money from the company …

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Facts of the Case In a recent insolvency proceeding, the judicial liquidator sought to hold the administrator financially liable for the entire outstanding liability exceeding 400,000 lei, relying on Article 169(1)(a), (d), and (e) of Law 85/2014. The syndic judge granted the claim only partially, obliging the defendant to pay over 100,000 lei, covering: On …

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Facts Established by the Court The fiscal authority (creditor) from Bistrița-Năsăud sought to hold the former administrator of the debtor company personally liable, invoking Article 169 letters (a), (d), (e), and (h) of Law 85/2014. It was alleged that the defendant: On appeal, the creditor attempted to expand the scope of the case by invoking …

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Facts in the Case The Court of Appeal, reviewing the appeal against the syndic judge’s ruling, addressed the administrator’s objection regarding the expiry of the right to claim, as well as the substance of the claim under Article 169 (1) letters (a) and (d) of Law 85/2014. In this case, the debtor company was under …

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Facts Established by the Court In the case at hand, the plaintiff—owner of a land parcel in the Dâmbul Rotund area of Cluj-Napoca—challenged the Mayor’s refusal to issue a building-zone (construction) certificate. The plaintiff’s land had been regulated under a Zonal Urbanistic Plan (PUZ) approved by City Council Decision No. 524/2007, which defined parcel configurations, …

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Relevant Factual Background The dispute concerns the plaintiffs’ access to a public road via “A Street” in the Dâmbu Rotund area of Cluj-Napoca, urbanistically regulated by a Zonal Urban Plan (PUZ) approved through City Council Decision (HCL) no. 524/2007. To create the 5 m-wide profile of Alley “A,” courts have previously and definitively ruled that …

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Facts of the Case The claimant had been employed by the defendant since 2018, under an open-ended individual labor contract, in the position of Analyst (according to the Occupational Classification). By the dismissal decision, on May 30, 2020, the employer terminated the contract for reasons not related to the employee’s person, under Article 65(1) of …

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RELEVANCE OF THE CASE – Cluj Attorney for Preliminary Injunction In practice, the process of obtaining an enforceable title for the recovery of amounts owed by the debtor can take a considerable amount of time, especially due to the heavy workload of the courts. The adjudication of a complex case can sometimes take years, during …

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