Insolvency. Liability of the debtor company’s director. Using the company’s assets for the benefit of the related company

DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

Abstract

During the period in which the defendant acted as director, the export delivery prices, especially to the related company whose sole shareholder was the defendant, were undervalued by the debtor company, without taking into consideration to recover the production costs in full or to make profit. That way, the company’s assets (the raw materials purchased, the labour employed) were not used for the benefit of the debtor company, but for the benefit of the related company, and the former was deprived of the profit which would have allowed it to avoid insolvency. The fact that the syndic judge started from the considerations recorded in the tax inspection report could not be a plea of illegality of the judgment, given that the findings of the tax bodies were resumed and validated by the courts seized with the administrative proceedings brought against the notice of assessment and the decision for settlement of the administrative appeal filed against this, these judgments being taken into account by the syndic judge. However, the clarifications given by a final judgment in relation to a disputed matter shall be required in this case, as the syndic judge correctly upheld, since they were presumed to express the truth, so that no additional evidence was necessary.