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HCCJ. Administrative act vs. preliminary act

The High Court of Cassation and Justice decided that it is inadmissible, in administrative litigation procedure, the application for annulment of an address by which the applicant was made aware of the violation of the provisions of Law no. 297/2004 on the capital market, as this document shall not constitute an enforceable administrative act producer of judicial effects in the sense of art. 2 para. (1) c) of Law no. 554/2004. In this regard, the High Court stated that “wrongly, the first court held that the defendant, through the challenged address, has applied to the applicant a sanction which creates the premises for the application of other penalties, since the applicant was not penalized, but warned about violation of the provisions of Law no. 297/2004 and Administrative Litigation Law in force allows the challenge only the administrative acts and not the preliminary acts. (Decision no. 7608 of 5 December 2013 rendered in appeal by the administrative and fiscal Division of The High Court of Cassation and Justice, covering aside the judgment of the National Securities Commission)

:: The Source: JURIDICE.ro

Anda Laura TĂNASE

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