The claimant, a Romanian company, argued that the sale purchase agreement concluded on 16th of November 2007 was terminated because the respondent, another Romanian company, did not fulfill its contractual and legal obligation to remedy the vices of the delivered goods.
In this respect, the Bucharest Tribunal decided the termination of the sale purchase agreement on account of the respondent’s fault.
The respondent appealed the decision, but the Appeal Court of Bucharest rejected the appeal. This was, also, the decision of the High Court of Cassation and Justice, which rejected the second appeal because: the legal provisions indicated by respondent were not applicable in this case; the respondent breached its legal and contractual obligations; the Court had no obligation to communicate a copy of the expertise report to the respondent since it was summoned to participate at the expertise and chose not to attend it.