Application for injunction suspending the execution of a resolution adopted by the general meeting of shareholders. Admissibility conditions

DREPT SOCIETAR ŞI INSOLVENŢĂ

Abstract

An application for injunction is admissible when all the requirements are met: (a) the apparent right, (b) the provisional nature of the measures, (c) the existence of urgent cases and (d) non-judgment on the merits.

The order in which the legislator lays down and deals with the above-mentioned requirements is not accidental, as it reflects the sequence of logical operations that the judge must carry out when applying the legal provision to a given factual situation.

The legal position is in favour of the plaintiff if the position of the plaintiff in the legal relationship on which the protective order is based is legally preferable, subject to a summary characterisation and analysis of the factual situation.

The provisional nature of the measures ordered is affirmed both in para. (1) and in para. (5) last sentence of Art. 997 of the Civil Procedure Code. The term 'provisional', with the antonym 'definitive', characterises precisely the specific nature of the procedure of the order for interim measures, as it has a double meaning. On the one hand, it refers to the reversible content of the measures taken, given that measures cannot be taken by way of a presidential order whose execution would no longer make it possible to restore the factual situation.