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Romanian Legal Week: April 4-10, 2016

Raluca-Andreea Trînca-Gavan
Raluca-Andreea
Trînca-Gavan

NAFA increases the minimum debt amount to the budget that will be published
The National Agency for Fiscal Administration increased the minimum amount of debt the budget that will be published on the institution’s website at the end of this month (April 30th 2016), according to a press release from the NAFA, released Thursday, April 7, 2016.

New figures is as follows:
– 100,000 lei for large taxpayers;
– 50,000 lei for medium taxpayers;
– 10,000 lei for other groups of borrowers, including individuals who have outstanding tax liabilities related to independent economic activities or free professions;
– 1,500 lei for natural persons other than those in the previous category.

Ana Maria-Udriște
Ana-Maria
Udriște

Activity report for 2015
On Thursday, 7 April 2016, the High Court of Cassation and Justice’s General Meeting was summoned in order to approve the High Court of Cassation and Justice’s Report for 2015.

The Report was approved unanimously.

Reinvestment of the NDA’s Chief Prosecutor
In the Romanian Official Gazette, Part I, no. 261 of 7 April 2016 it was published Presidential Decree no. 376/2016 regarding the reinvestment of the National Anticorruption Direction’s Chief Prosecutor.

By Decree of the President of Romania, Laura Kovesi Codruţa is reinvested in the position of Chief Prosecutor of the National Anticorruption Direction, for a period of 3 years from date of May 16, 2016.

Appeal in the interest of law admitted. The obligation of the insurance company to repair the damage caused by felony
In the Romanian Official Gazette, Part I, no. 261 of 7 April 2016 it was published the Decision no. 1/2016 of the High Court of Cassation and Justice rendered in the admittance of an appeal in the interest of law.

The High Court of Cassation and Justice ruled that:
Admits appeal in the interest of law filed by the general prosecutor of the High Court of Cassation and accordingly:

In the interpretation and implementation of the provisions of art. 86 of the Criminal Procedure Code states that:

In case of compulsory insurance of civil liability for damage caused by motor vehicle accidents, the insurance company has as civilly responsible party and is obliged to repair only the damage caused by a criminal offense within the limits specified in the insurance contract and the laws on compulsory insurance liability“.

The publication of lists of debtors that have tax obligations | Draft
The National Agency for Fiscal Administration has launched for public debate on Thursday, April 7, 2016, the Draft Order amending Order no. 558/2016 on the procedure for the publication of lists of debtors that have tax obligations and the amount of these obligations.

:: Project
:: Approval report
:: Appendix

The Competition Council analyzes the cement production and trading market
The Competition Council has opened a sector inquiry on the market of cement production and trading. There will be analyzed the structure and functioning of sector and the possible aspects of competition.

In case there are identified malfunctions, the Competition Council will elaborate recommendations for market and competition development or open investigation if necessary.

The Competition Council has opened an investigation on a possible abuse of dominant position of Orange Romania
The Competition Council has opened an investigation having as object a possible abuse of dominant position of Orange Romania SA.

The investigation refers to a possible discriminatory treatment of Orange Romania SA in its relationship with companies active on the market of payments through SMS, respectively on the market of advertising short message through mobile phone in Romania.

Within the investigation, there were carried out unannounced inspections at the headquarter of Orange Romania as well as at headquarter of some payment aggregators by SMS based on the clues according to which these companies could have evidences necessary for competition authority to assess the Orange behavior on the respective markets.

The German insurance group ERGO enters the insurance market in Romania
The Financial Supervisory Authority’s Council (FSA) approved the acquisition of Credit Europe Asigurari insurance – Reinsurance Company S.A. by ERGO Group, one of the largest providers of insurance products in Germany and Europe, according to a statement FSA released on Monday, April 4, 2016.

The German group owns a diversified portfolio that includes from property and accident insurance to life and health insurance, and in 2015 paid on the account of damage insurance policies and benefits about 17 billion euros.

The takeover of Credit Europe Insurance – Reinsurance Company S.A. is the first step in entrance of ERGO Group on the local market of mandatory car insurance.

Settling some law issues regarding the conventional representation of a legal person before the court
High Court of Cassation and Justice ruled on 4 April 2016 that it accepts the notification made by the Brasov Court – Civil Section I, in case no. 21531/197/2015 on a preliminary judgment and therefore establishes that:

In the interpretation and application of art. 84 para. (1) of the Civil Procedure Code, the application for claims and conventional representation of a legal person before the courts cannot be done by legal person acting as a proxy, nor by the latter’s legal counsel or lawyer“.

Ana-Maria UDRIȘTE
Raluca-Andreea TRÎNCĂ-GĂVAN

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