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Does the State of Emergency Stay Only the Insolvency Procedure or Also Judgment?


The measure to suspend civil proceedings during the state of emergency does not suspend the insolvency proceeding of a debtor and insolvency practitioners continue their activity according to the law.

The Decree of the President of Romania no. 195/March 16, 2020 on the Instituting of the State of Emergency in the territory of Romania provides in Annex no. 1, Chapter V – Judiciary Area, art. 42, paragraph (6) that “the judgment of civil trials”, other that the special emergency cases established by list of the Managing Boards of The High Court of Cassation and Justice and of the Courts of Appeal, “shall be rightfully stayed during the state of emergency”, without any procedure act being necessary for such a purpose.

To ensure unitary practice, the Superior Council of Magistracy, Judges Department, issued Decision no. 417/24.03.2020, by which it established, in the form of guidelines offered to the managing boards mentioned above according to the Decree, the list of the cases to be tried during the state of emergency.

Among these, with express reference to the Insolvency Law no. 85/2014, this mentions the claims grounded on art. 66, paragraph (11), more specifically the claims for the provisional stay of the procedures of enforcement of a debtor’s assets until the ruling of the judgment on the claim for the opening of the insolvency procedure.

There are also categories of claims provided by the list of urgent cases that could be tried in the matter of insolvency, especially the ones tried without subpoenaing the parties.

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