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Tag: Dan Alexandru Negru

Preliminary decision attacked on appeal

Dan-Alexandru NEGRU |15/07/201319/02/2019

The High Court of Cassation and Justice has ruled that, in accordance with Art. 282 para. (2) interpreted in relation to art. 316 Code of Civil Procedure, only  the ruling to interrupt the proceedings  may be appealed separately, and not… Read morePreliminary decision attacked on appeal

Week in a nutshell  Dan Alexandru Negru

The issuance of an administrative act under sanction to periodic payments. Illegality

Dan-Alexandru NEGRU |08/07/201319/02/2019

The High Court of Cassation and Justice has ruled that, in accordance with art. 24 para. (1) and (2) of the Administrative Litigation Law no. 554/2004, a fine of 20% of the gross minimum wage in the economy  can be… Read moreThe issuance of an administrative act under sanction to periodic payments. Illegality

Week in a nutshell  Dan Alexandru Negru

Real and earnest nature of the dismissal

Dan-Alexandru NEGRU |01/07/201319/02/2019

Constanta Court of Appeal ruled that, in accordance with Art. 65 of the Labour Code, in the case of dismissal for reasons related to the employee, the dissolution of the position held by the employee to be effective and have… Read moreReal and earnest nature of the dismissal

Week in a nutshell  Dan Alexandru Negru

Application for annulment of a payment incident

Dan-Alexandru NEGRU |24/06/201319/02/2019

The High Court of Cassation and Justice has ruled that, in accordance with the National Bank of Romania Regulation No. 1/2001 on the organization and functioning of the Payment Incident Bureau, within the NBR, the sanction is the entry in… Read moreApplication for annulment of a payment incident

Week in a nutshell  Dan Alexandru Negru

The question of jurisdiction in counterclaim hearing

Dan-Alexandru NEGRU |17/06/201319/02/2019

The High Court of Cassation and Justice has ruled that, given the incidental and defensive nature of the counterclaim, the formulation of such a request at a later time, does not open the door to a new evaluation of the… Read moreThe question of jurisdiction in counterclaim hearing

Week in a nutshell  Dan Alexandru Negru

Legal nature of the concession contract

Dan-Alexandru NEGRU |10/06/201319/02/2019

The High Court of Cassation and Justice has ruled that, in accordance with Art. 2 para. (1). c), second sentence of the Administrative Litigation Law (no. 554/2004), a concession contract will be treated as an administrative act and shall be… Read moreLegal nature of the concession contract

Week in a nutshell  Dan Alexandru Negru

The intention of misguidance in the case of contract performance

Dan-Alexandru NEGRU |03/06/201319/02/2019

The High Court of Cassation and Justice has ruled that this is a case of fraud offense provided for under art. 215 para. (3) of the Penal Code, given that the defendant divested the shares of the debtor company without… Read moreThe intention of misguidance in the case of contract performance

Week in a nutshell  Dan Alexandru Negru

Delaying the debtor

Dan-Alexandru NEGRU |27/05/201320/02/2019

The High Court of Cassation and Justice has decided that damages cannot be awarded for the lack of use of a immobile for the 3 years prior to the summons without delaying the debtor, given the fact that the claim… Read moreDelaying the debtor

Week in a nutshell  Dan Alexandru Negru

Legal Remedies for the clarification of a judicial decision device

Dan-Alexandru NEGRU |27/05/201320/02/2019

The High Court of Cassation and Justice decided that the clarification of a judicial decision device, which constitutes the writs of forced execution, can be achieved alternatively by means of two legal remedies: the first, laid out under art. 2811,… Read moreLegal Remedies for the clarification of a judicial decision device

Week in a nutshell  Dan Alexandru Negru
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