The effects of the case obsolescence on the costs incurred by the defendants-plaintiffs in the resolution of the counterclaim, brought in the alternative, if the main claim is allowed

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The stay of proceedings of the proceedings for failure to fulfil obligations on the part of the defendant does not justify a finding of procedural fault on the part of the defendant-plaintiff, with the consequence that the application for costs of the counterclaim, which is subsidiary in nature and conditional on the grant of the main claim, is dismissed. The obsolescence or annulment of the principal claim does not render ineffective the incidental claims, justifying the reimbursement of the stamp duty in the procedure established by Article 45 of Government Emergency Ordinance No 80/2013.