Nicoara & Asociatii obtains the provisional suspension of real estate enforcement and halts the auction of a property used for the client's commercial operations. This is the second suspension obtained in the same enforcement proceedings.
The legal context
The dispute concerns a credit facility of RON 2,500,000, secured together with contractual interest of RON 1,140,000, with the creditor also claiming fees, penalties and enforcement costs.
The enforcement proceedings provide for the auction of a property used for commercial operations, at a starting price of RON 5,960,165.97.
A sale before the challenge to enforcement is decided risks causing consequences that are difficult to reverse and directly affecting the company's operations.
The legal strategy
We seek the provisional suspension of enforcement and the auction, preserving the property's legal status until the suspension application filed within the challenge to enforcement is examined.
The arguments concern cadastral inconsistencies following the subdivision of the property, the risk of selling an important asset before the legality of enforcement is reviewed, the difficult-to-reverse effects of adjudication and the existence of other security available to the creditor.
A security deposit of RON 16,902.52 is paid for the suspension application.
The court's decision
By its judgment of 3 June 2026, the Bucharest Sector 4 District Court grants the application and orders the provisional suspension of real estate enforcement until the suspension request filed within the challenge to enforcement is determined.
The measure also halts the auction scheduled for 5 June 2026 and preserves the property's legal status pending examination of the defences raised.
The result
The legal intervention before the auction prevents the immediate sale of the property and protects the continuity of the client's business operations.
This is the second suspension obtained in the same enforcement proceedings. The decision concerns provisional suspension; the legality of the enforcement measures and the substantive defences are examined separately in the challenge to enforcement.
For further details on our work in these proceedings, see our Civil Law and challenges to enforcement services. Additional anonymised results are available in our Case Studies.