HCCJ. Joint liability of administrators for the fiscal debts of the insolvent...
The High Court of Cassation and Justice ruled that, in order to apply the joint liability of administrators and shareholders in accordance with art. 27 para. (1) b) Fiscal Procedure Code, for...
View ArticleCorrecting the judgment vs. Completing the Decision
The High Court of Cassation and Justice decided that the provisions of art. 281 para. (1) Civil Procedure Code (art. 442 NCPC) it is allowed to correct judgment regarding calculation errors or...
View ArticleHCCJ. File an appeal by way of a derivative action. Terms
High Court of Cassation and Justice has decided that a particular form of manifestation of an derivative action represents and lodging an appeal, because, otherwise, would remain illusory approach to...
View ArticleNorms for evaluating and approving the advertisement for medicinal products...
The Order of the Minister of Health no. 194/2015 on approving the norms for evaluating and approving the advertisement for medical products for human use was published in the Official Gazette of...
View ArticleHCCJ. The discharge from administration of fixed assets without existing...
The High Court of Cassation and Justice ruled that, given that the plaintiff has discharged her administration of fixed assets with the sums representing the initial value in accounting of the imported...
View ArticleHCCJ. Administrative act vs. preliminary act
The High Court of Cassation and Justice decided that it is inadmissible, in administrative litigation procedure, the application for annulment of an address by which the applicant was made aware of the...
View ArticleHCCJ. Lack of documents showing the real nature of the economic operation
The High Court of Cassation and Justice ruled that the economic operator cannot claim the recognition of the right to deduct VAT, where the invoices recorded in the accounts are not accompanied by...
View ArticleHCCJ. Approving the call for abstention of all judges. Territorial competence...
The High Court of Cassation and Justice ruled that, in accordance with art. 127 para. (1) from the Civil Procedure Code, the judge-plaintiff has the option to choose between the courts which are both...
View ArticleSuspension of the application provisions concerning tax update in the...
In the Romania Official Gazette, Part I, no. 169 of 11 March 2015, it was published Law no. 31/2015 for suspension of the provisions of art. 4 of the Government Ordinance no. 41/1998 on the protection...
View ArticleIt was approved the model of the Declaration for the VAT collected, due by...
In the Official Gazette of Romania, Part I, no. 178 of 16 March 2015 was published the Order no. 632/2015 of the President of the National Agency for Fiscal Administration for the approval of the form...
View ArticleLaw on classification of farms and agricultural holdings
The Law no. 37/2015 on classification of farms and agricultural holdings was published in Official Gazette of Romania, Part. 1, no. 172 of 12th March 2015. The new law has the purpose to create a...
View ArticleHCCJ. The successor of the deceased part is also affected by obsolescence
The High Court of the Cassation and Justice has ruled that the successor of the deceased part is also affected by the obsolescence sanction during the lawsuit, because the successor is entitled to take...
View ArticleHCCJ. Action with main heads of claim that attract jurisdiction of different...
The High Court of Cassation and Justice decided that, prorogation of jurisdiction, established by the legislature in the art. 99 para. (2) NCPC, in favor of the instance of higher tier when...
View ArticleHCCJ. Action for recovery against an insolvent company. The illegality of...
See legal debate: An insoluble problem: Insolvency [DEZBATERI.JURIDICE]. High Court of Cassation and Justice has ruled that the provisions of art. 36 of Law no. 85/2006 on insolvency proceedings (art....
View ArticleHCCJ. Expropriation. The active role of the courts in establishment of the...
The High Court of Cassation and Justice ruled that, to determine the quantum of the damages that must be paid to the owner as a result of the expropriation, the court is obliged to require an...
View ArticleHCCJ. Revision of European Court of Human Rights judgments
The High Court of Cassation and Justice ruled that the motion for revision founded on the provisions of Art. 465 Code of Criminal Procedure, filed by a person upon whom the European Court of Human...
View ArticleRomania: Shortcut to Power Supply and Trading Activities for EU Operators
An updated regulation on the licensing regime in Romania’s power sector was recently adopted by ANRE, the national regulatory authority. On 17 March 2015, Order no. 12/2015 on the Regulation for...
View ArticleApplication for Declaration vs. Action for Recovery
The High Court of Cassation and Justice decided that to the fact of both sides having exhibited title to the disputed land and that the applicant has possession of his right but is challenged by the...
View ArticleWithholding of the good conduct bond / guarantee – Unconstitutional
Monitorul Oficial al Romaniei, Part I, No 188 / 19 March 2015 has published Judgement No 5 issued by the Constitutional Court on 15 January 2015 on the unconstitutionality of the provisions of Art....
View ArticleBondoc si Asociatii Assisted Skin Media in Its Recent Transaction Related to...
Mr. Camil Perian, CEO and owner of Skin Media, represented that, “We have been assisted in a professional and prompt manner by Bondoc și Asociații SCA (in alliance with White & Case LLP in respect...
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