4.  The applicant company is a Romanian commercial company whose registered office is in Braşov. It is represented before the Court by its sole shareholder and administrator, Mr Gheorghe Vlădău. 5.  By a judgment of 11 October 2002, the Braşov District Court allowed the applicant company's claim for damages against another commercial company for non-compliance with its contractual obligations. 6.  On 6 February 2003, the Braşov Court of Appeal upheld the judgment by a final decision. 7.  On 2 July 2003, the Procurator-General filed an extraordinary appeal with the High Court of Cassation and Justice to have the final decision quashed (recurs în anulare) on the ground that the Braşov Court of Appeal's decision contained an incorrect interpretation of the applicable law. The Procurator-General stated that the penalty clause in favour of the applicant company was not valid. 8.  In a decision of 3 December 2003, the High Court of Cassation and Justice allowed the extraordinary appeal, quashed the final decision of 6 February 2003 and the judgment of 11 October 2002 and, as a result, rejected the applicant company's action, for the reason given by the Procurator-General.