Waiver of precautionary measures before the civil court, following closure

Lawyers Andra Trandafir and Mihaela Ghirca-Bogdan successfully argued for the lifting of a precautionary measure in the amount of over 40 million EUR maintained on our client's accounts for 9 years, including after the criminal case was closed.

The case raised several legal issues, including:

- lack of clear rules in civil procedure applicable after the criminal case has been closed;

- the scope of the precautionary measure ordered in the course of criminal proceedings on the civil claims of a party both from the perspective of the civil party's civil action in the criminal proceedings and of the separate action brought before the civil court;

- the legality and proportionality of maintaining the precautionary measure in the light of the ECHR case-law.

This case law marks an important development in clarifying the limits and conditions for the maintenance of precautionary measures ordered in criminal proceedings and continued in civil proceedings after the criminal proceedings have been finalized.