The absolute nullity of the abusive clauses before the entry into force of Law no. 72/2013. Unconstitutionality

The plenum of the Constitutional Court reunited in the Tuesday meeting, the 3rd of November 2015, in order to solve the unconstitutionality exception of the provisions of Article 21, Law no. 72/2013 on the measures for combating the delay of the performance of payment obligations of certain amounts of money resulting from the agreements concluded between the professionals and between professionals and contracting authorities.

The criticized legal provisions have the following content: “The provisions of this law, excepting the provisions of Article 15, are not applicable to the obligations of payment of certain amounts of money resulting from agreements concluded between professionals and between these and the contracting authorities before the day of entry into force of the law”.

Solution: with the majority of votes, the Court has admitted the exception of unconstitutionality and stated that the phrase “excepting the provisions of the Article 15” contained by the provisions of Article 21, Law no. 72/2013 is unconstitutional.

The Court said that Article 21 of Law no.72/2013 affects the non-retroactivity of law principle stated by Article 15, paragraph 2 of the Romanian Constitution, because the provisions regarding the sanction of the absolute nullity of the abusive clauses provided by Article 15 of law is applicable also to the clauses inserted in the ongoing contracts at the entry into force of Law no. 72/2013, respectively the 5th of April 2013, for the violation of certain requirements that were not provided by the law in force at the date of conclusion of the contracts.

:: The Source: JURIDICE.ro

Raluca-Andreea TRÎNCĂ-GĂVAN

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