11. Plângere împotriva încheierii registratorului ORC formulată tardiv
11. Complaint against the conclusion of the ORC Registrar brought out of time

Summary/Abstract: By its grounds of appeal against the judgment dismissing as out of time a complaint against the ORC Registrar's decision, the appellant submits, first of all, that the time limit for lodging the complaint is a limitation period and not a time bar, which is why the court could not rely on it of its own motion. By lodging a complaint against the decision of the head of the ORC, not a substantive right to bring an action is being exercised, but a procedural right to bring an appeal, for which the law lays down a time limit for forfeiture of right. Failure to appeal within the deadline entails forfeiture, a sanction that can be invoked ex officio and by the court, not being applicable the provisions of Article 2.512 Civil Code. Given that the application for registration in the Trade Register was made by the trader through the administrator and had in view the registration of the striking off as a result of the company's will, we are thus in the presence of a conclusion by which the registrar disposes on the application for registration made by the company through the administrator, which entails the application of the provisions of art. 112 of Law no. 265/2022. Art. 260 para. (9) of Law 31/1990 is not applicable in the present case, in which the deregistration was ordered at the company's request after the simultaneous dissolution and liquidation, without going through a liquidation phase.

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