Fuziune prin absorbţie. Greşita admitere a excepţiei lipsei capacităţii procesuale de folosinţă a intimatei, în condiţiile în care judecata trebuia desfăşurată cu societatea absorbantă. Casarea sentinţei şi trimiterea cauzei spre rejudecare

Merger by absorption. Wrongful admission of the plea of lack of capacity to sue or be sued of the respondent, given that the proceedings should have been conducted with the acquiring company. Judgment quashing and case referral for adjudication

Abstract

This is not the hypothesis of the formulation of the action versus a party lacking the capacity to sue or be sued, since it is a question of the removal of the company from the Trade Register records following the dissolution by liquidation of the acquired company and the transfer of the assets to the acquiring company, which should thus be included in the proceedings.

Nor is there any question of the existence on appeal of a party which did not appear in the proceedings before the merits court, but even...