Failure to rule on all grounds of appeal. Nullity of the judgment

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The challenged decision does not in any way address the objection in the appeal concerning the subsequent nature of the head of claim relating to the submission of monetary claims in relation to the head of claim relating to the declaration of (partial) termination of the contract of sale. In addition, the appellants also argued in their appeal that the raising of that issue directly in the judgment (the judgment of the first court), without the first court having previously submitted it to the parties in adversarial proceedings, constitutes a breach of the principles of the active role of the judge, adversarial proceedings and oral proceedings, which has caused the appellants an injury which can only be remedied by setting aside the judgment under appeal, since the appeal court did not respond in any way to those arguments.

The court will grant the second appeal and uphold the contested appeal decision and remit the appeal to the same court for reconsideration, since the appellants' claims as to the merits of the resolution and the monetary claims based on the resolution or the monetary claims based on the action for contractual liability, raised in the second part of their appeal, cannot be rejected in the present appeal, since the appeal court has not yet given a reasoned ruling on the grounds of appeal.