MOLDOVA Law and Practice Contributed by: Vladislav Roșca, Ina Jimbei and Mădălina Luca, EFRIM, ROŞCA & Associates
10.4 Issues Considered by the Appeal Court at an Appeal Appeal Appeal serves as a review mechanism for the first- instance judgment, examining both legality and merits. The Court of Appeal only considers issues explicitly or implicitly challenged by the appellant, in accordance with Article 373 (1) of the CPC. However, procedural violations may be examined ex officio by the Court of Appeal. No new claims may be introduced on appeal that were not examined at first instance. Interest, instalments, overdue income and other post-judgment damages, as well as legal compensation, may be requested. New arguments demonstrating the unlawfulness or unfounded nature of the judgment may be presented, provided that they do not involve the administration of new evidence. New evidence may be submitted on appeal only if: • it was impossible to present it at first instance for justified reasons; • the evidence was not claimed by the first-instance court at the party’s request; or • the first-instance court unreasonably returned it. Recourse Recourse is a review of Court of Appeal decisions (or first-instance judgments by the Court of Appeal). The SCJ examines legality only within the limits raised in the recourse, based on the grounds set out in Article 432 of the CPC. The SCJ may, ex officio, only con- sider the failure to include persons whose rights are affected in the proceedings. No new evidence may be presented in recourse, except for evidence demonstrating court costs, or interest and amounts that matured after the Court of Appeal’s decision. The assessment of evidence made by the first-instance court and the Court of Appeal is binding on the SCJ, except when: • the appellant challenges a manifestly unreasonable evaluation of evidence; or • the SCJ examines the case following a remand for re-examination.
Recourse According to Article 430 of the CPC, a recourse may be filed by: • the parties (including co-parties), either personally or through a representative; • other participants in the case (Article 55 of the CPC), either personally or through a representative; and • persons who were not involved in the proceed- ings, but whose rights or legitimate interests were affected by the judgment (as a result of the 2023 reform). 10.3 Procedure for Taking an Appeal Appeal The time limit for filing an appeal is 30 days from the date the judgment’s operative part is pronounced. The time limit may be restored upon a justified request if the delay is considered excusable. The appeal is initially submitted without reasoning, and must indicate the court, the appellant’s details, the contested judgment and the relief sought (can- cellation, modification, re-examination). Although the appeal is addressed to the Court of Appeal, it must be submitted to the first-instance court (physically, by email, or by other means). Once an appeal is filed, the first-instance court has 45 working days to prepare the reasoned judgment. After the reasoned judgment is communicated, the appellant may submit a reasoned appeal to the Court of Appeal, either within 30 days for administrative disputes, or within the time limit set by the Court of Appeal through a procedural ruling in general civil cases (eg, seven days or ten days). The appellant can request an extension of the time limit. Recourse The time limit for filing a recourse is two months from the date the reasoned decision of the Court of Appeal is communicated. Unlike appeals, restoration of the time limit is not allowed. The recourse must be submitted directly to the SCJ.
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