Muşat & Asociaţii and NNDKP Obtain for the Third Time the Dismissal of the Extraordinary Means of Challenge filed by Metalexportimport against Thyssen Stahl and Otto Wolff
Muşat & Asociaţii and Nestor Nestor Diculescu Kingston Petersen (NNDKP) are pleased to announce that the High Court of Cassation and Justice (ICCJ) dismissed yesterday the third motion for annulment filed by Metalexportimport against Thyssen Stahl GmbH (previously known as Thyssen Krupp Steel Beteiligungen GmbH), Otto Wolff Handelgesellschaft GmbH and Otto Wolf America.
ICCJ thus reconfirmed the decision to dismiss the motion filed by Metalexportimport – a legal proceeding initiated 30 years ago – and reinforced the solution that the High Court had already rendered three times.
The matter of the dispute initiated 30 years ago consisted in Metalexportimport’s request for compensation in the amount of USD 30 million, representing the equivalent value of 68,246 tons of thick steel sheets that were delivered and allegedly not paid by the defendant companies, plus the related interest.
Muşat & Asociaţii represented Thyssen Stahl and Otto Wolff America, while NNDKP represented Otto Wolff Handelgesellschaft GmbH.
”The decision rendered by the High Court of Cassation and Justice was a natural and lawful decision pursuant to the rule of law, which does not allow the challenge ad infinitum of a final and irrevocable decision”, stated Nicolae-Viorel Dinu, Partner with Muşat & Asociaţii.
“The High Court of Cassation and Justice confirmed that this excessive, abusive judicial action cannot possibly succeed in an independent justice system ”, declared Ana Diculescu-Şova, NNDKP’s Senior Partner.
The two prior decisions rendered by the High Court in favor of the companies Thyssen Stahl and Otto Wolff had been previously annulled pursuant to similar means of challenge. However, this time, the High Court of Cassation and Justice ended a historical dispute, dismissing the last motion for annulment and review filed by Metalexportimport.
The dispute, which started on December 30 was coordinated over time by some of the most prominent lawyers in Romania: Constantin Vişinescu, Ion Nestor, Ana Diculescu-Şova, Gheorghe Muşat, Nicolae-Viorel Dinu and Octavian Popescu.