Point of law: from which moment should start the term for filing a complaint to cassational court if earlier an appellate court has refused to restore the missed term for appeal?

Alternative attitudes: 1) from the moment when the decision of the first instance court has entered into force; or 2) from the moment when the appellate court has refused to restore the missed term for an appeal against this decision.

Ratio decidendi: the first approach is legally correct. Under the alternative approach the period for filing a complaint to cassational court would be uncertain and unlimited, and would depend entirely upon the will of one of the parties: the party to proceedings who has filed with appellate court at any discretionary moment an unsubstantiated motion to restore the term for appeal and subsequently received a refusal from the court with regard to such motion, would thus have had an opportunity, in circumvention of the term established by the law, to initiate cassational proceedings with the purpose to reverse the case.

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.