4. Calitate procesuală activă în promovarea acţiunii în anularea hotărârii adunării creditorilor
4. Active standing to bring an action for annulment of the resolution of the creditors’ meeting

Summary/Abstract: It is irrelevant that the appellant cast a positive vote during the meeting for the adoption of the proposed agenda item, namely „in favour of appointment”, as long as the resolution adopted by the majority of the creditors present was to the contrary, namely „not to appoint a creditor”. In other words, from the wording of the legal text „at the request of the creditors who voted against the respective resolution” it is clearly apparent that the creditor’s vote against is to be assessed by reference to the resolution adopted, and not by reference to the agenda submitted for debate. This manner of interpreting the legal rule is supported by the phrase used by the legislator, „who voted against the respective resolution”. Since the creditors’ resolution was a negative one, „they did not intend to appoint a creditor”, it follows logically that the appellant’s positive vote to appoint a creditor has the meaning of a vote against the resolution of the majority creditors.

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