For a Romanian entrepreneur active in the e-commerce of medical and care products, Buju Stanciu & Asociații obtained the suspension of the decision that had opened the insolvency procedure, pending the resolution of the appeal.
In a sector where continuity means available stocks, fast deliveries and the trust of patients, families, clinics and commercial partners, a decision to open insolvency can have serious effects before the substantive dispute is clarified.
The case raises an important question for the business environment: can a company end up in insolvency when an essential part of the claim is based on contested penalties, invoiced unilaterally?
It was argued that the insolvency procedure should not be used to settle, under the pressure of time, a real commercial dispute. The appeal court ordered the suspension of the effects of the decision until the appeal is heard.
“An insolvency decision is not just a procedural matter. It can immediately affect a company’s reputation, commercial relations and ability to function. Therefore, insolvency should not be transformed into a pressure tool in a contested commercial dispute.”Marius Stanciu, Managing Partner, Buju Stanciu & Asociații
For companies, rapid reaction and procedural strategy can make the difference between a one-off difficulty and a crisis with disproportionate effects.
See more articles from our member firm in Romania, Buju Stanaciu & Asociatii.
