A judgment lost at first instance can be overturned. On 8 October 2026, the higher court allowed the appeal brought by the Adesman & Asociații team, retried the case and ordered the debtor company to pay the principal amount and statutory late-payment interest. The judgment is final and enforceable.
What the court decided
By its judgment of 8 October 2026, the higher court allowed the appeal against the original judgment and, on retrial, allowed the claim set out in the statement of claim, ordering the debtor company to pay the principal amount and the related statutory late-payment interest. The dispute involved significant financial stakes for the client.
Why the outcome changed
Reversing the outcome required a reassessment of the factual and legal issues essential to resolving the dispute. The case called for a careful analysis of the contractual relationship between the parties, of the documents and other evidence adduced, and of how that evidence was to be interpreted and corroborated in relation to the payment obligations before the court.
The higher court assessed the body of evidence as a whole, relating each relevant element to the contractual context and to the other circumstances of the case. The interpretation and corroboration of the evidence led to a conclusion different from the one originally reached, with significant financial consequences for the parties involved.
What this means for a company that has lost a commercial dispute at first instance
An unfavourable ruling does not automatically close the case. An appeal allows the evidence, and the way in which the contract was interpreted, to be re-examined. However, the time limits for bringing it are short and run from service of the judgment, so the decision to challenge it must be taken quickly, after an analysis of the court's reasoning. Once the judgment becomes final and enforceable, the creditor can proceed to enforcement to recover the claim and interest.
The team and statement
The case was handled by the Adesman & Asociații team, comprising Diana Adesman, Managing Partner, and Alexandra Jitea, Managing Associate.
‘The judgment obtained underlines once again the importance of a litigation strategy built on a rigorous analysis of the evidence, identification of the decisive aspects of the case and effective use of the procedural mechanisms available, including where this involves challenging and overturning an initially unfavourable court ruling,’ said Diana Adesman.
Find out more about our litigation and arbitration practice.
Have you lost a commercial dispute or do you have a claim that is difficult to recover? We will review the judgment and tell you whether and how it can be challenged.
