MOLDOVA Law and Practice Contributed by: Ina Jimbei, Efrim, Roșca and Associates
apply. Where several persons jointly cause damage, they may be held jointly and severally liable in accord - ance with the Civil Code, allowing the injured party to seek full compensation from any of the persons responsible, subject to their rights of recourse against each other. There are no specific rules limiting the civil liability of immunity applicants (leniency recipients). Although the Competition Law provides for a leniency pro - gramme in relation to administrative fines imposed by the Competition Council, it does not contain pro - visions limiting the civil liability of immunity applicants towards injured parties. Likewise, there is currently no reported case law addressing this issue. 9.2 Contribution Moldovan competition law does not contain specif - ic rules governing contribution claims between co- infringers. Such claims are therefore governed by the general rules on tort liability set out in the Civil Code. Under Article 2023 of the Civil Code, where damage is caused jointly by several persons, they are jointly and severally liable towards the injured party. Conse - quently, the claimant may recover the full amount of the damages from any of the jointly liable tortfeasors. In the internal relationship between them, Article 2023 further provides that, in recourse proceedings, each participant bears a share of the liability proportionate to its contribution to the unlawful conduct, where such contribution can be determined. Article 2024 of the Civil Code expressly recognises the right of recourse of a person who has compen - sated damage caused by another person. A person exercising recourse may recover only the part of the compensation corresponding to the other tortfeasor’s contribution and may not recover the portion attribut - able to its own contribution to the damage.
petition Law does not contain any special rules on interim relief in private antitrust actions. An applicant must demonstrate that the requested measure is necessary to secure the effective enforce - ment of a future judgment and that, in the absence of such relief, enforcement of the judgment may become impossible or substantially more difficult. The court may order a range of measures provided by the Civil Procedure Code, including prohibiting certain acts or preserving the existing state of affairs, where appropriate. An application for interim relief is submitted to the court hearing the case. Under Article 177 of the Civil Procedure Code, the application is generally decided on the day it is filed, without notice to the defend - ant or the other parties. Where the application is filed together with the statement of claim, it is determined on the day the court admits the claim for examina - tion. If the application is made during a court hearing, it is decided during that hearing, irrespective of the absence of any of the parties. Moldovan law does not impose a specific duty of full and frank disclosure comparable to that found in some common law jurisdictions. The Civil Procedure Code also allows the court to require the applicant to provide counter-security where appropriate. If the claim is ultimately dismissed, the respondent may seek compensation for the dam - age caused by the interim measure in accordance with the Civil Procedure Code. 10.2 Alternative Dispute Resolution The main forms of alternative dispute resolution (ADR) available in Moldova are as follows. • Conciliation: which is typically organised by the parties themselves or facilitated by their attorneys. Such conciliation may take place before or during the trial. • Mediation: in recent years, mediation has gained increasing attention. Mediation is regulated by the Law on Mediation 137/2015.
10. Other Remedies 10.1 Injunctions
Interim injunctive relief is available under the general provisions of the Civil Procedure Code governing interim measures (security for the claim). The Com -
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