Vargan & Vargan – Civil Law Firm, obtained for its client, Comaliment S.A., the rejection of the appeal filed by the opposing party and the maintenance of the measures ordered by the presidential ordinance regarding the provision of unhindered access to a reference commercial space in the municipality of Suceava.
The final solution pronounced by the Suceava Court confirmed the provisional protection granted to Comaliment S.A. until the final resolution of the substantive disputes regarding the nature and extent of the parties’ rights over the areas involved.
The dispute was generated by the unilateral blocking of access to the supply area of the commercial space belonging to Comaliment S.A..
The appellant contested the first instance solution, invoking, among other things, the lack of interest of Comaliment S.A., the absence of a legal appearance, the lack of urgency and the alleged prejudice to the substance of the legal relations between the parties.
The Vargan & Vargan team argued that the interest of the owner of the commercial space rented to the largest chain of convenience stores and supermarkets in Romania is direct, personal and current, emphasizing the fact that the real possibility of supplying and operating the space according to its intended purpose represents an essential component of the economic and functional value of the property.
The lawyers also showed that the presidential ordinance procedure does not require the definitive establishment of the holder of a property right or easement. Within this procedure, the court is called upon to verify the existence of a legal appearance and the need to temporarily preserve a factual situation, so that the unilateral conduct of one of the parties does not cause serious damage before the substance is clarified.
The defense also highlighted the urgent nature of the measure, given that blocking access could cause disruption of commercial activity, the emergence of additional costs, the violation of obligations assumed towards the tenant and even the termination of the lease.
The rejection of the appeal maintains the possibility of using the space in its entirety, as well as the supply route, and confirms that the urgency specific to the presidential ordinance does not imply the existence of an absolute impossibility of carrying out the activity. It is sufficient that the maintenance of the blockage is likely to cause significant disruption, commercial risks and damage that is difficult to repair.
“For Comaliment S.A., this solution is of particular importance, as maintaining access is essential for the normal operation of the commercial space and for fulfilling the obligations assumed towards the tenant. The Vargan & Vargan team understood in depth both the complexity of the legal situation and the practical and commercial implications of blocking access,” said Gheorghe Buruiană, administrator of Comaliment S.A..
“The stakes of this litigation went beyond the simple dispute over an access route. It was necessary to demonstrate that the exercise of prerogatives over a building cannot lead to the untimely suppression of a historical use, indispensable for the operation of another commercial space. The presidential ordinance does not definitively settle the real rights of the parties, but it can and must prevent the occurrence of serious damages until the settlement of the merits. The solution obtained protects the client’s economic activity and preserves the existing situation until the final clarification of the legal relations,” said the case manager, Anca Moisiuc, associate lawyer of Vargan & Vargan – Civil Law Firm.
The team that represented Comaliment S.A. was formed by lawyers Anca Moisiuc and Paul Vargan.
Vargan & Vargan – Civil Law Firm offers legal assistance and representation in complex civil and commercial litigation, corporate law, insolvency, administrative litigation, public procurement and criminal business law.
