Admissibility of appeal against insolvency liability judgment following definitive closure of procedure without appeal

The High Court of Cassation and Justice dismissed as inadmissible the referral filed by the Bacău Court of Appeal regarding the admissibility of an appeal against a judgment of financial liability for insolvency; consequently, the Court of Appeal’s request to clarify the procedural route under the insolvency law was rejected without substantive review. The dispute concerned whether an appeal was permissible against a decision imposing liability for the insolvent state of a company, specifically in scenarios where the insolvency procedure had already been closed definitively by non-appeal, raising issues of jurisdictional competence and procedural admissibility in commercial insolvency litigation. The decision rests on the mandatory provisions of Article 521(3) of the Code of Civil Procedure and the scope of legal interpretation issues previously addressed in the Court’s 2022 decision on interest of law, specifically interpreting Articles 169, 174, and 180 of Law No. 85/2014 (Insolvency Law).