Insolvency procedure. How to appeal against decisions of the syndic judge

DREPT SOCIETAR ŞI INSOLVENŢĂ

Abstract

According to Article 12 of Law 85/2006, the decisions of the syndic judge are enforceable and can only be appealed separately. The text makes no distinction according to the type of judgment given by the syndic judge, which does not mean that the special law opens an appeal against any judgment given by the syndic judge, regardless of its content or legal regime.

Thus, although the special law provides for a separate appeal against the decisions of the syndic judge, it is no less true that, according to Article 28 of Law 85/2006, its provisions are supplemented, to the extent of their compatibility, by those of the Code of Civil Procedure. However, Article 466(4) of the Code stipulates that an appeal may only be lodged against preliminary rulings together with the merits, unless the law provides otherwise.