1. **Subject matter of the dispute:** The plaintiff sought to invalidate electronic auctions for the sale of his apartment, as well as all derivative documents (protocol, act, certificate of ownership), and to restore the title to the real estate.
2. **Court’s arguments:**
– The court emphasized that in order to invalidate an auction, formal violations alone are insufficient; it must be proven that these violations directly affected the auction results and infringed upon the plaintiff’s rights.
– The Supreme Court confirmed that the actions of the enforcement officer at the preparatory stage of the auction (property valuation, commencement of proceedings, etc.) must be challenged separately, rather than through a lawsuit to invalidate the auction.
– It is a significant conclusion that the legality of an auction is assessed as of the time it was held; therefore, the subsequent cancellation of the court decisions on the basis of which the writ of execution was issued does not automatically render the auction invalid.
– The court noted that claims for the invalidation of the auction protocol, the enforcement officer’s act, and the certificate of ownership are ineffective methods of protection, as these documents merely record the result of the transaction.
– The court in this case referred to the position of the Joint Chamber of the Civil Cassation Court of the Supreme Court dated June 3, 2024, which departed from previous findings regarding the possibility of invalidating an auction due to the subsequent cancellation of an enforcement document, establishing the principle of the irrevocability of the legal consequences of auctions that took place while the enforcement document was in effect.
– The court concluded that the plaintiff failed to provide proper evidence that the sale price of the apartment was undervalued or that the auction procedure was critically violated.
3. **Court decision:** The Supreme Court upheld the decisions of the courts of first and appellate instances, by which the plaintiff’s claims were denied in full.
