Nicoara & Asociatii obtained the suspension of enforcement of a precautionary garnishment imposed in a commercial dispute and the release of approximately EUR 100,000 frozen in the client's accounts.
The client's situation
In a dispute between two companies, the Bacau Tribunal imposed a precautionary garnishment without summoning the parties.
As a result of the order, approximately EUR 100,000 was frozen in our client's accounts.
The freezing of the funds had immediate financial consequences and risked affecting the liquidity required for the client's ongoing business before the appellate court could review the legality and merits of the measure.
The matter is confidential and is not published on the Romanian courts portal.
The legal strategy
We appealed the order and separately sought suspension of its enforcement until the appeal was determined.
The application aimed to stop the immediate effects of the precautionary garnishment and restore the client's access to the frozen funds.
An objection concerning the admissibility of the suspension application was raised during the proceedings. We argued that the application was admissible and that enforcement should be suspended pending examination of the appeal on the merits.
The court's decision
By a judgment delivered on 6 August 2026, the Bacau Court of Appeal:
- dismissed the objection concerning inadmissibility;
- granted the suspension application;
- suspended enforcement of the order issued by the Bacau Tribunal;
- reserved its decision on legal costs until determination of the appeal on the merits.
The decision concerning suspension is final.
The outcome
Suspension of enforcement enabled the release of approximately EUR 100,000 frozen in the client's accounts.
The client regained access to the funds pending determination of the appeal, limiting the financial effects of the interim measure imposed without summoning the parties.
The case highlights the importance of prompt legal action where a precautionary garnishment has an immediate impact on a company's accounts and business operations.
The decision concerns suspension of enforcement only. The appeal on the merits will be examined and determined separately.