on the applicability of the rules of ineffectiveness and impossibility of performance in the case of a contract that is invalid due to lack of official approval
On the basis of a motion for preliminary ruling submitted by Panel No. P.VII of the Curia, the Curia's Uniformity Complaint Panel has issued the following uniformity decision on the applicability of the rules of ineffectiveness and impossibility of performance in the case of a contract that is invalid due to lack of official approval:
Due to the ineffectiveness of the contract, the lack of official approval results in the fact that the legal consequences of invalidity should be applied; therefore, it cannot be considered as a cause of impossibility of performance in the context of breach of contract, either.
Any contrary legal interpretation of Decision No. Pfv.21.793/2017/6 and of any other decision can no longer be invoked as binding.
The Curia’s Panel, which submitted the motion, may depart from the legal interpretation of the Curia's Decision No. Pfv.21.793/2017/6.