MOLDOVA Law and Practice Contributed by: Vladislav Roșca, Ina Jimbei and Mădălina Luca, EFRIM, ROŞCA & Associates
10.5 Court-Imposed Conditions on Granting an Appeal The court cannot impose additional conditions for granting an appeal or recourse. 10.6 Powers of the Appellate Court After an Appeal Hearing Appeal After hearing an appeal, the Court of Appeal may dis- miss the appeal and uphold the first-instance judg- ment, or admit the appeal and: • modify the first-instance judgment – eg, adjust- ing the awarded amount (increase or decrease) or clarifying the method of payment; • annul the first-instance judgment, either fully or partially, issuing a new judgment; • annul the first-instance judgment in full, and remit the case for re-examination at first instance, when the rights of a person not involved in the proceed- ings were affected, there was a violation of juris- dictional competence, or a party was not properly notified; or • annul the first-instance judgment, either fully or partially, terminating the proceedings or removing the case from the docket, if the conditions provid- ed in Articles 265 and 267 of the CPC are met. In administrative disputes, the Court of Appeal is not entitled to remit the case for re-examination at first instance, due to the active role of the court. Recourse After hearing a recourse, the SCJ may dismiss the recourse and uphold the decision of the Court of Appeal and, where applicable, the first-instance judg- ment, as well as any procedural rulings contested by the recourse. Alternatively, it may admit the recourse and: • annul, in whole or in part, the decision of the Court of Appeal and the first-instance judgment, issuing a new judgment; • annul entirely the decision of the Court of Appeal, and remit the case for re-examination by the Court of Appeal once, if the judicial error cannot be cor- rected by the recourse court;
• annul the decision of the Court of Appeal and the first-instance judgment entirely, and remit the case for re-examination to the first-instance court if the court finds that persons whose rights are affected were not included in the proceedings; • annul the decision of the Court of Appeal and the first-instance judgment, and order the termination of the proceedings or removal of the claim from the docket if the grounds provided under Articles 265 and 267 exist; • modify the decision of the Court of Appeal and/or the first-instance judgment; • annul the decision of the Court of Appeal, and uphold the first-instance judgment; or • annul the decision of the Court of Appeal, and issue a ruling returning the appeal if the grounds provided under Article 369 exist. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation The costs of litigation include the state fee, stamp duty and other costs related to the examination of the case, such as expert fees, legal assistance fees and costs of serving the defendant (Article 90 of the CPC). The parties are responsible for their own costs. How- ever, the court requires the losing party to reimburse the prevailing party for the litigation costs, upon the prevailing party’s request. Therefore, all litigation costs are recoverable, but each party must submit a request in this regard (either in the statement of claim or defence), providing reasons and evidence for the costs claimed. A party may challenge the court’s decision on costs if they are unproven, unreasonable or exempted by law (eg, employees are not liable for their employer’s judicial expenses even if they lose the lawsuit against the employer). 11.2 Factors Considered When Awarding Costs When awarding costs, the court considers the follow- ing factors:
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