HCCJ. Conditions for the validity of a transaction
The High Court of Cassation and Justice ruled that the analysis of the conditions for the validity of a transaction requires, in the first place, the control of the right of the parties to seal the...
View ArticleHCCJ. The revision following the discovery of a documentary evidence....
The High Court of Cassation and Justice decided that the admissibility of review based on Art. 322 pt. 5 Civil Procedure Code (Art. 509 para. 1 pt. 5 NCPC) is conditioned not only by the discovery of...
View ArticleBondoc si Asociatii Continues the Series of Annulments by HCCJ of Claw-back...
On Thursday, 16 April 2015, the Administrative and Fiscal Litigation Division of the High Court of Cassation and Justice rejected a new second appeal filed by NHIH against a sentence of Bucharest Court...
View ArticleCEE: Schoenherr named Leading Law Firm in South East Europe by Chambers
Schoenherr has been recognized as “South East Europe Law Firm of the Year” (2015) by the renowned legal publisher Chambers and Partners. Schoenherr lawyers Monica Cojocaru (partner; Bucharest), Miloš...
View ArticleHCCJ. Wrongful summoning of the parties for the term when the trial was judged
The High Court of Cassation and Justice decided that wrongful summoning of the parties, by at least 5 days before the date on which was resolved the application, can be assigned to the legal provisions...
View ArticleHCCJ. The passing of different rulings for similar causes
The High Court of Cassation and Justice ruled that the mere fact that certain employees of the same society representing the defendant were not refused to take legal action, while the claims referring...
View ArticleChanging Norms for the application of the Fiscal Code | Draft
Ministry of Finance has released for public debate Monday, April 27, 2015, the draft Decision amending and supplementing the Methodological Norms for the application of Law no. 571/2003 regarding the...
View ArticleHCCJ. Action for the annulment of arbitral decision
The High Court of Cassation and Justice has ruled that whenever an action for the annulment of an arbitral decision has been submitted for trial after the new Code of civil procedure had entered into...
View ArticleCouncil Directive (EU) 2015/637 on the coordination and cooperation measures...
In the Official Journal of the European Union, series 106, of 24 April 2015, it was published the Council Directive (EU) 2015/637 on the coordination and cooperation measures to facilitate consular...
View ArticleRegulation of Tips
Monitorul Oficial al Romaniei, Part I, No 285 of 28 April 2015 has published Government Emergency Ordinance No 8/2015 which amends and supplements some legislative acts (“GEO 8/2015”). GEO 8/2015...
View ArticleAmendment of the Council Regulation (EC) No. 673/2005 establishing additional...
In the Official Journal of the European Union, L series, from 30th April 2015 has been published the Commission Delegated Regulation (EU) 2015/675 which modifies the Council Regulation (EC) No....
View ArticleThe effects of rental agreement termination
The High Court of Cassation and Justice decided that since the rental contracts fall into the category of successive performance, the effect of termination occur only for the future, ex nunc....
View ArticleBart van Lierop: Evaluation of judges should be less rigid, less formal, less...
I have took advantage of the presence of the judge Bart van Lierop, President of the Consultative Council of European Judges, following the conference on “Opinion no 17 (2014) of the CCJE on the...
View ArticlePersonal Finance Register
Monitorul Oficial al Romaniei, Part I, No 300 of 30 April 2015 has published Order No 513/2015 of the Minister of Public Finance, which approves the model and content of the personal finance register...
View ArticlePersonal Finance Register
Monitorul Oficial al Romaniei, Part I, No 300 of 30 April 2015 has published Order No 513/2015 of the Minister of Public Finance, which approves the model and content of the personal finance register...
View ArticleShareholder’s right to withdraw from the company
The High Court of Cassation and Justice ruled that pursuant to art. 134 para. (1) of Law no. 31/1990, shareholders who disagree with the decisions of the General Assembly on changing the main object of...
View ArticleAmending the Law no. 51/1995 on the organization and the practice of lawyer’s...
Dolj Bar Association has submitted to the public, Thursday, May 7, 2015, a legislative proposal amending and supplementing Law no. 51/1995 on the organization and the practice of lawyer’s profession....
View ArticleHCCJ. Application of the third degree commissary pact
The High Court of Cassation and Justice decided that, by stating a third degree commissary pact, the parties, by their express will, replace the action for judicial termination with a conventional...
View ArticleThe settlement of the disputes between consumers and professionals | Draft
The National Authority for Consumer’ Protection has launched in public debate the draft of the Law concerning the settlement of the disputes between consumers and professionals. :: The Draft :: The...
View ArticleHCCJ. Appeal filed by an attorney without power to appeal. Effects
The High Court of Cassation and Justice ruled that, should an appeal be filed by a litigant in absence of a power of attorney for this particular stage of trial, choosing the headquarters (by means of...
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