13. Când procesul devine strategie: abuzul de drept procesual şi limitele sale în raporturile societare
13. When the process becomes strategy: abuse of procedural rights and its limits in corporate relations

Summary/Abstract: This analysis focuses on the issue of minority oppression in company law, manifested in this case through the abuse of procedural rights. The dispute originated from the conduct of a minority shareholder who used the right of access to justice not to protect a legitimate interest, but as an instrument of pressure and harassment against the company. The conflict unfolded over several years and culminated in a tortious civil liability action through which the plaintiff requested moral damages of 800,000 euros, claiming that her professional reputation was affected by the defendant's statements in the legal proceedings and reports to the Bucharest Stock Exchange. The courts analysed the way in which the plaintiff used the procedural instruments provided for by the Code of Civil Procedure, noting the existence of an aggressive litigious strategy. The Bucharest tribunal and Court of Appeal considered that these conducts represent manifestations of the abuse of procedural rights and minority oppression. At the same time, the courts held that the defendant company acted within the limits of a legitimate defence and of the transparency obligations imposed on listed companies. The reports on the existence of disputes and the previous qualification of the plaintiff's conduct as oppressive were considered in accordance with the obligations to inform investors and the public interest specific to the capital market.

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