Favourable court decision: Termination of a loan-for-use agreement over a movable asset, return of the asset and full recovery of damages and court costs – movable-property claim upheld

The Sabău Avocați team obtained another favourable decision before the Reghin Local Court, in a case concerning the termination of a loan-for-use agreement over a car, the return of the vehicle by the borrowers, and their obligation to pay the material damages arising from traffic offences, by successfully bringing a claim for the recovery of the movable asset — a BMW car.

In fact, our client, as lender, had entered into a car loan-for-use agreement, making a BMW available to the borrower. The vehicle was subsequently misused, and a build-up of traffic-related administrative penalties that remained the owner’s responsibility made it necessary to bring a court action to restore legality and recover the losses.

In the claim filed, our attorneys asked the court to order the termination of the loan-for-use agreement due to the defendants’ breach of their contractual obligations, to order the immediate return of the car, and to order full compensation for the material harm represented by the fines and traffic penalties incurred by the defendants but paid by the claimant.

After reviewing all the evidence gathered in the case, the Reghin Local Court fully upheld the claim brought by our team. The court ordered the termination of the loan-for-use agreement and ordered the defendants, jointly and severally, to return the BMW identified by its registration number and chassis number.

The court also found the defendants procedurally at fault, ordering them, jointly and severally, to pay and fully cover the court costs advanced by our client.