Ioana Gelepu The Office Litigation & Enforcement obtains a final ruling annulling the enforcement of the EUR 1.8 million
On the 13th of July 2023, it has been decided the non-existence of this claim, brought by a prominent entrepreneur operating on the Romanian market against a company, part of a renowned group holding a chain of shopping centers throughout Europe.
The dispute arose from a clause inserted in a FIDIC contracting agreement. The above-mentioned dispute involved was two main court cases, ultimately aiming to prove the non-existence of the €1.8 million debt related to which enforcement had been initiated.
The proceedings implied a laborious work of delimitation and allocation of the various substantial and procedural arguments in the two cases, recourse to the entire spectrum of interpretation criteria of the agreements provided by the Civil Code (compatible with the case at hand), analysis of the limits of res judicata and various particular aspects pertaining to the boundaries of the admissible objections in a challenge on enforcement or title.
At the end of 2021, the court definitively rules on the first relevant court case wherein the parties were debating part of the above-mentioned issues, the dispute being finally settled on the 13th of July of the current year, by a solution (definitively) granting the challenge on enforcement.
The project has been coordinated over the years by Ioana Gelepu, as of the 1st of March 2023 owner of her own law office. For further details on The Office Litigation & Enforcement: gelepu.ro.