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Conditions for the annulment of an administrative act

The High Court of Justice and Cassation ruled about the annulment of an administrative act is not necessary to establish the fault of those who elaborate the administrative act with the infringement of the plaintiff’s rights, but if the plaintiff proved that he is an “aggrieved person“ as Law of administrative procedure no. 554/2004 states. In this case, due to the provisions of Article 2 alin. 1 let. a from the Law no. 554/2004, “ an aggrieved person is any  natural or legal person, group of persons, holders of private individual rights or private legitimate interests harmed by administrative acts “. In this case, the plaintiff could prove his rights harm because of that administrative act challenged (he submitted documents proving that owns an area of ​​land covered by a certificate of property law issued for another person ), so the High Court confirmed that, legally, the first court ruled partial annulment of the property right certificate challenged. (Decision no. 1430 from 16th of March 2012 pronounced in appeal by the Administrative and Fiscal Department from the High Court of Justice having as object partial annulment of a property right certificate).

>> The source: JURIDICE.ro

Daniela GHICAJANU

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