HCCJ. Unilateral denunciation vs. purely optional clause
The High Court of Cassation and Justice decided that can not be considered purely optional the clause by which parties to a contract of mandate foresaw the possibility of unilateral termination of it...
View ArticleAlteration to the Electricity and natural gas Law and to the Petroleum Law
Law no. 127/2014 for altering and completing the Electricity and natural gas Law no. 123/2012 and the Petroleum Law no. 238/2004 was published in the Official Journal of Romania, Part I, no. 720, of...
View ArticleThe establishment of state aid schemes for stimulating the investments with...
In the Official Gazette of Romania, Part I, no. 714 dated 30 September 2014 it was published the Government Decision no. 807/2014 for the establishment of state aid scheme aimed at stimulating the...
View ArticleThe reference interest rate of the NBR starting 1 October 2014
In the Official Gazette of Romania, Part I, no. 714 from 30 September 2014 was published the NBR Circular no. 32/2014, regarding the reference interest rate of the National Bank of Romania. Starting 1...
View ArticleHCCJ. The private order lack of jurisdiction
The High Court of Cassation and Justice has ruled that, in accordance with Art. 130 para. (3) of the new Civil Procedure Code, the private order lack of jurisdiction can only be invoked by the...
View ArticleNorms regarding the award of public service concession contracts for...
In the Official Gazette of Romania, Part I, no. 709 of 29th September 2014, the Government Decision no. 749/2014 for approving the Enforcement norms of the provision regarding the award of public...
View ArticleHCCJ. The exclusivity clause in a distribution contract
High Court of Cassation and Justice has ruled that it can not be regarded as an exclusivity clause that clause in a distribution agreement, in which the parties have limited distributor’s right of...
View ArticleThe Prevalence of Procedural Norms v. The Principle of Availability
The High Court of Cassation and Justice has ruled that changing the rules for appointing arbitrators (i.e. loss of the right of parties to appoint arbitrators longer) after the arbitration agreement...
View ArticleDispute Adjudication Board decision enforcement under New York Convention....
The essay has in view a litigation (second appeal) held before High Court of Romania, that took place between two parties involved in a construction agreement concluded under the General Conditions of...
View ArticleNew values of social security contributions
Law amending law No 571 / 2003, regarding the Tax Code, published in Monitorul Oficial al Romaniei No 687 / 19.09.2014, Law No 123 / 2014 amends Art. 29618 (a1-a3) of the Tax Code. The Law came into...
View ArticleDeloitte Tax & Legal Weekly Alert: OECD releases the BEPS Project 2014...
On September 16, the Committee on Fiscal Affairs of the Organization for Economic Cooperation and Development (OECD) released the documents (the 2014 deliverables) that it had promised, in the 2013...
View ArticleGovernment’s Emergency Ordinance on certain measures in the field of...
In the Official Gazette of Romania, Part I, no. 727 of 3rd October 2014, the Government’s Emergency Ordinance no. 61/2014 for the amendments and additions to the Government’s Emergency Ordinance no....
View ArticleInstructions contesting tax administrative acts
In the Official Gazette of Romania, Part I, no. 736 from 9 October 2014 was published the National Agency for Fiscal Administration Order no. 2906/2014, approving the Instructions for the application...
View ArticleAmending the Law on capital market| Draft
The Ministry of Public Finance launched in a public debate on Monday, October 6, 2014, the draft law amending and supplementing Law no. 297/2004 on capital market. :: Draft :: Explanatory memorandum ::...
View ArticleRegulation on the procedure for ascertaining and punishing unfair competition...
The Competition Council has launched in a public debate on Monday, October 6, 2014, the draft of the Regulation on the procedure for ascertaining and punishing unfair competition practices. :: Draft...
View ArticleThe draft of energy law does not fully correspond to the European principles...
The Draft of the energy law, in the form that was approved by the Government last week and sent to the Parliament of Romania, is part of the transposing measures of the Directive 2009/72 / EC...
View ArticleHCCJ. Recognition of a foreign judgment on adoption of Romanian child. The...
High Court of Cassation and Justice has ruled that the application for recognition in Romania of a judgment given by the Court for minors in Florence (Italy), ordering approve adoption of the minor,...
View ArticleHCCJ. The obligation to motivate the judgment
The High Court of Cassation and Justice has ruled that the obligation to motivate a judgment must be understood as a logical syllogism, that is capable of explaining in an understandable manner the...
View ArticleRefund provisions are legal documents belonging to private law
The High Court of Cassation and Justice has ruled that, in order to establish the legal nature of the provision issued by the mayor by procedure of Law no. 10/2001 it is relevant that by resolution of...
View ArticleInternational Conference Shaping Constitutional Rules for a Balanced Budget /...
Centre of Constitutional Law of the Faculty of Law, University of Bucharest and The Institut Louis Favoreu-Groupe d’études et de recherches comparées sur la justice constitutionelle ILF – GERJC din...
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