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Romanian Legal Week: April 25 – May 1, 2016

Anda-Laura Tanase
Anda-Laura
Tanase

HCCJ. The existence of the moral damage
The High Court of Cassation and Justice has decided that, when determining the existence of the moral damage, it must be taken into consideration the character and the importance of the non-pecuniary prejudiced values, the personal status of the victim, considering the social circumstances where the victim comes from, education, culture, morality standard, personality and psychology of the victim, the circumstances of the putting into execution the offence, social status, etc. Talking about prejudicing values that have a non-pecuniary content and about protecting some rights that are components of the private life, the High Court has pointed out that it is sufficient to prove the tort, because the prejudice and the causality relation will be presumed and the law courts will assume the moral damage bearing from the simple existence of the tort that is able to produce this kind of damage and the circumstances in which it was put into execution, the solution being determined by the subjective, intern character of the moral damage, its immediate proof being, actually, impossible.

Cosmina Sima
Cosmina
Sima

Constitutional Court. Illegal deprivation of liberty
In Romanian Official Monitory no. 306 from 21st April 2016 was published the Decision of the Constitutional Court no. 179/2016 referring to the dismissal of the constitutional challenge of Article 539 Paragraph 2 from the Code of Criminal Law Procedure, having the following content: “Illegal deprivation of liberty must be established, according to the case, through a decree of the attorney, through a definitive decision of the rights and liberties judge or the Preliminary Chamber judge and also through a definitive decision or a definitive act of the court invested with the judgement of the cause.”

The author of the constitutional challenge asserts that the legal disposals that are criticised contradict with the constitutional disposals regarding to the right of access to justice and the right of an equitable law suit.

The Court asserted that, through the actual Criminal Law procedural norms, the legislator has conditioned the reparation of the damage in the case of illegal deprivation of liberty to establishing this one through a decree of the attorney, through a definitive decision of the rights and liberties judge or the Preliminary Chamber judge and also through a definitive decision or a definitive act of the court invested with the judgment of the cause, depending on the case. This condition creates for the judicial institutions that were previously mentioned an obligation to pronounce definitive decisions, according to the criticized text, referring to the illegal character of the depriving of liberty preventive measures that are disposed throughout the criminal law suit. Also, this assumes the obligation of the law court that pronounces a definitive act in the cause to establish the illegal character of the depriving of liberty preventive measures.

Competition Council. The winning of the law suits against the oil companies in 2011
The High Court of Cassation and Justice has irrevocably confirmed that Lukoil Romania Company broke the law of competition, too, by participating at a cartel agreement with another companies that are active on the fuel market, according to a handout of the Competion Council, published on Sunday, 24th April 2016.

Romania at the ECOFIN reunion in April
Romania has joined the declaration drafted by France, Germany, Spain, Italy and Great Britain, aiming the accomplishment of effectiveness of the information exchange referring to the shareholders of the companies, trusts or other relevant entities for the fiscal administrations and other institutions that are involved in Panama files, according to a handout of the Ministry of Public Finance, published on Monday, 25th April 2016.

Consumer protection. The sanction of the textile and footwear merchants from Europe, by National Authority of Consumer Protection
The National Authority of Consumer Protection (NAPC) has developed, on 22nd April 2016, an action in order to check the way of trading, naming, marking and labeling the textile products, realised together with the General Inspectorate of the Romanian Police – Investigation of the Economical Criminality Department and with Romanian Gendarmerie in Europa Complex, according to a handout of the NAPC, published on Tuesday, 26th April 2016. Between the detected offences are: offences regarding the information about the way of labeling and marking, trading the textile products, not following the norms referring to naming the textile fibers, adequate labeling and marking the composition of the textile products.

New regulations regarding the taxi activity
The Government amended Law no. 38/2003 regarding the taxi transportation and renting, with the further amends and addendum, by discharging the restriction of the volume of space for luggage transport (luggage carrier) for taxies that have access in places for waiting in airports, according to a handout of the Romanian Government, published on Wednesday, 27th April 2016.

The measure aims the discharge of gridlocks that appear in the taxi transport activity at Henri Coanda International Airport Bucharest.

European Law. Romania, motivated bill regarding the safety of off-shore activities
The European Commission officially requested Romania and Germany to action for ensuring the transposing in the national legislation of the Directive regarding the safety of off-shore activities (Directive 2013/30/EU). The Directive should have been transposed in the national legislation until 19th July 2016, according to a handout of the European Commission, published on Thursday, 28th April 2016.

The Directive rules that the members must apply some norms, aiming to contribute to the prevention of the accidents and also to promptly and efficiently react in the case of happening this kind of accidents at the off-shore instalations for extraction oil and gases.

European Comission. Google Company on dominant position
Wednesday, 20th April 2016, the European Commission has informed Google Company about its preliminary opinion according to, by imposing some restrictions upon the producers of Android gadgets  and upon the operators of the mobile telephony diallings, the company abused of its dominant position, therefore breaking the European antitrust norms, according to a handout of the European Commission, published on Friday, 22nd April 2016.

Commissioner Margrethe Vestager, responsible for the policy in the competion domain, has declared: “(…) Basing on the investigation that has been made until the present time, we consider that through the acts of Google Company the consumers are restricted from the access to a large area of services and mobile applications and there are obstacles that are created in the way of innovation by other actors, therefore breaking the European antitrust norms. These norms are applying to all the companies that develop their activity in Europe.  Google has now the possibility to answer the requests of the Commission.”

Anda-Laura Tănase
Cosmina Sima

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