5. Renunţarea la cererea principală de chemare în judecată. Cerere reconvenţională. Prorogare legală de competenţă
5. Waiver of the main writ of summons. Counterclaim. Legal competency prorogation

Summary/Abstract: The legal competency prorogation stipulated in art. 123(1) of the New Civil Procedure Code produces effects throughout the trial, regardless of whether the main writ of summons and the counterclaim are simultaneously solved or the counterclaim is severed and a new case file is established, as – even through its separate judgement – the counterclaim maintains its incidental character as compared to the main writ of summons, acquired through the lodging of the petition pursuant to art. 209 of the New Civil Procedure Code, and it may not be regarded as an originating motion, according to art. 30(3) of the New Civil Procedure Code. Thus, since the court has found, upon the first court date established after the conclusion of the settlement stage, that it holds the required competency to solve the main writ of summons and has acknowledged the claimant’s waiver as to the judgement thereof, it also is vested with the settlement of the counterclaim, separately registered, and the distinct verification of the competency to solve this incidental request as part of the newly established case file is not possible.

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