Filing for a means of challenge not provided for by law. Ancillary claim for intervention filed within it. Inadmissibility

JURISPRUDENŢĂ COMENTATĂ ŞI ADNOTATĂ

Abstract

A claim for an ancillary intervention is a procedural means, part of a civil action, by which a party intervenes in proceedings between other parties in order to support the defence of one of them in relation to the right claimed by the other party. When a party declares a means of challenge not provided for by law, the essential premise of the claim for ancillary intervention, namely to support one of the parties in its efforts to reject the claims against it, disappears. In such an initial procedural framework created in contradiction with the applicable procedural rules, it cannot be held that the court is seized with a civil action seeking the legal protection of a subjective right or other legal situation, in which context this protection cannot be ensured or, more precisely, the basis for ensuring the protection of the parties to the proceedings disappears.