Claim for recognition of an agreement from a Member State of the European Union. Wrongful legal solution. Non-investigation on the merits. Nullity of the court judgment. Referral for retrial. The plea of invalidity arising from the failure to summon the d

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The wrong classification of a request for the recognition of a document originating from a member state on the one hand based on the provisions that regulate the international civil process with the seat of the matter in the new Code of Civil Procedure, and on the other hand by virtue of a normative act of the Union European, correctly identified, but defectively applied determines the conclusion that the court places itself in the hypothesis prefigured by the provision of art. 480 paragraph 3 of the NCPC that of the lack of investigation of the substance of the request, having în view that the reasoning is based on erroneous legal grounds wrongly assessed as being incidental.