Admissibility of post-insolvency termination of successive performance contracts under common law for pre-proceeding debts

The High Court of Cassation and Justice, through its Plenary for Resolving Legal Questions, admitted the referral from the Court of Appeal Iași and issued a binding ruling that actions for the termination of successive performance contracts maintained by a judicial administrator or liquidator are inadmissible when filed under common law after the opening of insolvency proceedings for breach of contract arising from debts due prior to such opening. The dispute concerned the validity of contract termination claims brought by a creditor against an insolvent debtor in insolvency proceedings, specifically whether the general right to terminate a contract for non-payment could be exercised after insolvency proceedings commenced. The decisive legal basis is Article 123(1), (3), and (9) of Law No. 85/2014 on Insolvencies, interpreted to prohibit such post-filing termination actions via common law channels for pre-existing obligations, rendering the ruling obligatory under Article 521(3) of the Code of Civil Procedure.