Inadmissibility of multiple requests to fix definitive penalty sums in civil enforcement

The High Court of Cassation and Justice admitted a referral from the Cluj Tribunal and established that, under Article 906(4) of the Civil Procedure Code, it is inadmissible to file multiple requests to fix the definitive sum owed by a debtor for penalties. This decision resolved a legal dispute arising from a civil case (No. 16573/211/2015) concerning the procedural limits on executing monetary judgments for late payment penalties, specifically whether a creditor could initiate separate proceedings to determine the final amount of such penalties. The court’s ruling, based on the interpretation of Article 906(4) of the Civil Procedure Code, set a mandatory precedent requiring that the determination of the definitive sum of penalties be addressed within a single proceeding, thereby preventing the duplication of requests for the same subject matter.