The High Court of Cassation and Justice held that the plea of non-performance, as the specific effect of reciprocal contracts is based on the principle of reciprocity and interdependence of obligations under such contracts, one of the main conditions for… Read moreHCCJ. Withholding performance of the contract. Terms of invocation
The High Court of Cassation and Justice decided that, if the suspension of the administrative act ordering the tax burden of the injured person to pay a sum of money is requested, fulfillment of the condition to prevent an imminent damage,… Read moreHCCJ. Suspend fiscal administrative act. “Imminent damage” condition
In the Official Gazette of Romania, Part I, no. 691 dated 22 September 2014 was published the Decision no. 356/2014 for admitting the unconstitutionality exception of art. 1182 para. 2 letter a) of the Criminal Code of 1969. The exception was raised… Read moreUnconstitutionality exception regarding the extended forfeiture under the former Criminal Code – admitted
The High Court of Cassation and Justice has ruled that the compliance with the principle of contradictoriness requires that no measure shall not be ordered by the court without being based on evidence administrated during the trial and without being… Read moreHCCJ. Removing all evidentiary requests
High Court of Cassation and Justice has ruled that the fee agreed by the parties in legal aid contract, consisting of a fixed amount and a success fee representing a percentage of the total compensation to be determined and charged,… Read moreHCCJ. Attorney’s fees from the perspective of the ”quota litis” pact
The Court of Justice of the European Union released the court order of 11 September 2014 in Case C-112/13, A, regarding a request for a preliminary ruling introduced by Oberster Gerichtshof (Austria) on the interpretation of Article 267 TFEU and… Read moreThe CJEU concerning jurisdiction, recognition and enforcement of court decisions in civil and commercial matters
The Court of Justice of the European Union has published the decision of 17th September 2014, in Case C-341/13, Cruz & Companhia Lda, having as subject the request of preliminary decision drafted by Supremo Tribunal Administrativo (Portugal) regarding the interpretation… Read moreCourt of Justice of the European Union on the tax enforcement regarding the recovery of the restitution for export
