The operative part of uniformity decision no. 5/2013 PJE

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1.    In an action brought to establish the nullity (or partial nullity) of a contract based on Article 239/A of the Civil Code, the satisfaction of conditions listed in Article 123 of the Code of Civil Procedure shall not be examined.
2.    a. As a main rule in an action brought by virtue of Article 239/A of the Civil Code, the value of the subject-matter of the litigation shall be determined based on the value of consideration for services defined in the contract.
b. If, by virtue of Article 239/A, an action is brought to establish the partial nullity of the contract, the value of the subject-matter of the litigation shall be considered as non-definable, except when the value linked to the disputed contractual condition can be defined separately from the value of consideration due for the services indicated in the contract.
3.    In an action brought by virtue of Article 239/A a counter-claim for the application of the legal consequences of the nullity can be filed only if the defendant does not dispute the nullity of the contract, that is if (s)he accepts what is included in the claim.