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Inadmissability of an application for declaration of nullity of the administrative act

 The High Court of Cassation and Justice decided the court of first instance correctly upheld the objection of inadmissibility of the application for a declaration of absolute nullity of the registration certificate of ownership issued by the Ministry of Industry, holding that the plaintiff’s claim for nullity of this act has no counterpart in the art. 1 of Law no. 554/2004 on administrative procedure, administrative law and there is no distinction between the two legal regimes of nullity. In this regard, the High Court held that the certificate of ownership of the land was issued in accordance with Government Decision no. 834/1991 on the establishment and evaluation of land owned by state-owned companies, as an administrative authority, with individual character, and the action is for the annulment of the administrative court. In this case, the court admitted the exception based on the untimely manner of action to validate the certification of ownership, as taking into account that the applicant is a third party with regards to the administrative act and reported the date of registration of ownership in the Land Registry (the date at which ownership became opposable erga omnes is assumed to be known by the applicant including at least at that moment in time); the one-year limitation period provided for by art. 11 para. (2) of Law no. 554/2004 was fulfilled at the time of application for annulment of the administrative act. (Decision no. 1362 of 18 March 2014 rendered on appeal by the Administrative and Fiscal Department of the High Court of Cassation and Justice for a declaration of nullity of the certificate of declaring ownership)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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