Point of law: whether it is possible to recover interest for the use of another’s means (Art 395, Civil Code), if the party which lost the case, has failed to reimburse timely the litigation expenses to the winner?

Alternative attitudes: 1) it is not possible, because the mechanism of reimbursement of litigation expenses is regulated only by procedural legislation, the reimbursement of such costs to a winning party is essentially a public duty, not a civil liability, and, accordingly, it may not be considered as a pecuniary obligation; or 2) it is possible, because it does not matter whether a pecuniary obligation has arisen within civil law or procedural framework.

Ratio decidendi: the second attitude is legally correct.

Practical consequences: the Judgment says that prior court decisions in analogous cases if inconsistent with this interpretation may be reversed in the procedure and within the limits envisaged by Art 311 of the Commercial Procedure Code.