Appeal. Insolvency procedure. Ruling ordering creditor to deposit in a bank a bail up to 10% of the amount of the claim. Inadmissibility of the appeal

LITIGII CU PROFESIONIŞTI

Abstract

The provisions of the common law procedure reflect that against preliminary rulings appeal can only be field with the merits, unless otherwise provided by the law. For the bail ruling, delivered in the common law procedure, the law not only does not provide otherwise but even shows (Article 1062 paragraph 2) that the ruling delivered in the bail procedure can be challenged together with the decision ordering the bail. In the matter of insolvency 
prevention and insolvency procedures Article 342 of Law no. 85/2014 stipulates that the provisions of this law are supplemented, insofar as they do not contradict, those of the Code of Civil Procedure and of the Civil Code. 
But the provisions of Article 466 paragraph (4) of the Code of Civil Procedure do not contravene on any provision of Law no. 85/2014 in the specific case of the bail ruling. 
According to Article 46 paragraph 1 of Law no. 85/2014, the decisions of the syndic judge are enforceable and can be challenged, separately, only by appeal. However, the text does not provide that all judgments of the syndic judge, including preliminary rulings, may be 
appealed. 
However, the possibility to appeal against a ruling must be examined in relation to the preparatory or interlocutory nature of the ruling and as these decisions resolve one of the requests given in the competence of the syndic judge by Article 45 of the Law.