Tribunalul Brasov; 2016-06-13; 2294/62/2016
Decision by national courts in the field of European Union law — ECLI:RO:TBBRV:2016:007.000458
Date: 2016-06-13
Subject matter: Judicial cooperation in civil matters
Origin: Romania

82016RO0613(51)_ENG_SUMJURE
JURE summary
JURE summary
The company Toshiba Transmission & Distribution Europe SPA (hereinafter ‘the plaintiff’) requested the seizure of the movable and immovable property of the company  SC VIS SOLARIS 2011 SRL (hereinafter ‘the defendant’) on the basis of amounts that were due following the conclusion of a ‘Turnkey contract’ for the design, purchase, construction, commissioning and start-up of a solar power generation plant.
The Tribunalul Braşov (hereinafter ‘the Court of First Instance’) held that Article 953(1) of the Codul Procedură Civilă (1) applies to the present case. The plaintiff does not have an enforceable title, but the claim is established in writing, is due and payable and the plaintiff has proved that it had filed a request for arbitration, registered with the Milan Chamber of Arbitration on 28 April 2016.
It was decided that this was a claim established in writing and which was due and payable according to the (a) contract concluded between the parties, (b) the Addendum No 3 to this contract, (c) the invoices issued subsequently and (d) the request for arbitration, which seeks to oblige the defendant to pay the price and damages caused, starting on 1 February 2016 and until the date of effective payment.
(1) Codul Procedură Civilă (Code of Civil Procedure).