Rejection of the application to open insolvency proceedings for lack of documents required to be filed by law. No obligation on the court to request them.

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

If the application to open proceedings was rejected at first instance on the grounds that certain mandatory documents had not been lodged, if the court of appeal considers that they have been lodged or that they are not necessary, it will also have to examine the other conditions laid down by law for opening proceedings, even if they were not examined by the first instance, since it is dealing with the substance of the application.