Grand Chamber of the Supreme Court to Review the Rules for Applying Force Majeure.

Consistency in judicial practice is an important prerequisite for ensuring a predictable business environment. By its ruling dated 19 August 2026, the Supreme Court, sitting as a panel of judges of the Commercial Cassation Court, referred case No. 904/2344/24 concerning the recovery of penalties to the Grand Chamber of the Supreme Court for consideration.

The key legal issue is the approach to assessing force majeure circumstances where a contract has been partially performed, as well as the procedural limits on submitting new evidence during a retrial.

The Grand Chamber will consider whether a certificate issued by the Chamber of Commerce and Industry can automatically release a debtor from liability for late performance where deliveries were actually made in part. The Grand Chamber is expected to establish criteria for assessing the impact of force majeure circumstances on the performance of obligations for each period of delay and to clarify the procedural limitations on submitting new evidence during a retrial.

The Grand Chamber's conclusions may have practical implications for the performance of commercial contracts and the development of a consistent approach by courts to proving force majeure.