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A new amendment to G.E.O. no. 34/2006, with the entry into force of the new Code of Civil Procedure

In the Official Gazette of Romania, part 1, no. 365 of 30 May 2012 was published the law no. 76/2012 for applying law no. 134/2010 regarding the Code of Civil Procedure.

Both law. 76/2012 and Code of Civil Procedure entered into force at  15 February 2013.

Due to the amendments of Law no. 31/1990 regarding companies by Law no. 76/2012, the term ” commercial company” was replaced  with the phrase ” companies regulated by Law no. 31/1990, republished, with subsequent  amendments and supplements.

In addition, were removed references in G.E.O.  no. 34/2006 to the old Code of Civil Procedure, as follows:

– On the solving complaints, provisions of 9 section ( Court litigation) in G.E.O no. 34/2006 are applying properly, without existing reference to art. 304 dispositions from old Code of Civil Procedure.

– In front of the Court, litigations regarding rights and obligations contracted in award procedures which are applying by O.U.G no. 34/2006 provisions, its solve urgently and priority, being removed references to provision of the art.  7202-7207 and art. 720from old Code of Civil Procedure.

The collocation ” final and irrevocable”  with reference to:

– Judgements through the Court solve complaints against decisions of C.N.S.C.

– Judicial decisions in processes and applications of granting compensations  for redress damages caused in the award procedure, and those on execution, nullity, cancellation, resolution, termination or withdrawal of public procurement contracts, was replaced with the word “final”.

Last but not least, remedy at law of the recourse that could be exercised against judgements in firts instance according to provisions of 9 section (” Solving litigation”) from G.E.O.  no. 34/2006 was replaced with the appeal.

>> The source: JURIDICE.ro

Robert BĂLAȘA
student, Universitatea din Bucuresti, Facultatea de Drept
intern Societatea de Stiinte Juridice

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