2. Desemnarea administratorului judiciar/lichidatorului judiciar provizoriu și definitiv în procedurile de insolvență. Înlocuirea acestuia pe parcursul procedurii
2. Appointment of the provisional and final judicial administrator/ liquidator in the insolvency procedures. Its replacement during the procedure

Summary/Abstract: Art. 66 para (6) and (7) of Law no. 85/2014 requires the solution of the appointment of the judicial administrator/liquidator proposed by the debtor. No matter if the debtor’s application is prior or subsequent to the creditor’s application having as subject the opening of the procedure, the application of the former shall be settled in the non-contentious procedure, and the creditor’s request shall be classified as lodgement of claim if the debtor’s request is admitted. In this assumption, the insolvency judge judges only the debtor’s application and he only decides within its limits, so that he is only able to appoint the judicial administrator/liquidator proposed by the debtor. The resolution of the meeting of creditors, respectively the decision of the majority creditor regarding the appointment of the final judicial administrator/ liquidator may be challenged only by an action for annulment for grounds of illegality. In consequence, the challenge, for the purpose of art. 45 para (1) letter e), has to be meant as the lodge of an action for annulment which may be exercised only by those creditors which voted against the respective action or were absent from the meeting or whose votes were not recorded. The decision of the majority creditor may be contested by any other creditor. The action for the replacement of the judicial administrator/liquidator for wrongful reasons shall belong to the committee of the creditors, but only if the creditors meeting decided it previously, by the majority 50 plus 1% of the value of claims entitled to vote.

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