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Author: PhD. Radu Catalin Pavel

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Articles, Employment and Labour Law

EUCJ. Directive on collective redundancies. Termination of Labor Agreement

If the view were taken that a workers refusal to accept a 25% reduction of his salary does not fall within the definition of redundancy, the directive would be deprived of its full effect and the protection of workers undetermined. According to the Press Release, for the purpose of determining whether there is a collective […]

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By : Jun 13, 2017 No Comment
laptop lawyer property law
Articles, Banking and Capital Markets

ANPC has won in the first instance in front of the Bucharest Court the case regarding possible abusive clauses with the Romanian Bank

According to the press release, the case was submitted to the court based on the certified minutes which indicated the existence of possible abusive clauses in the contracts of personal loans, bank credit mortgage agreements, and mortgage loan agreements, respectively clauses regarding: 1.     Monitoring fee “Percentages calculated on the monthly balance of the loan is […]

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By : Jun 13, 2017 No Comment
Articles, Intellectual Property

Preliminary ruling regarding infringement of intellectual proprietary right

The preliminary question relates to art. 8 (1) of Directive 2004/48 / EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, respectively “if it must be interpreted in the sense that we are in the context of proceedings concerning an infringement of an intellectual […]

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By : Jun 13, 2017 No Comment
laptop lawyer property law
Articles, Real Estate and Construction

Law promulgated: Owners associations obliged to issue receipts of the divided maintenance expenses

The Law is to be published in the Official Gazette and then will enter into force. In accordance with the provisions of the Law, in art. 10 of Law no. 230/2007 regarding the incorporation, organization and operation of Owners associations, published in the Official Gazette of Romania, Part I, no. 490 of 23 July 2007, […]

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By : Jun 13, 2017 No Comment
Articles, Dispute Resolution

Decision No. 17 / 05.10.2015 of the ICCJ, on the amounts due for defendants convicted of tax evasion

The Decision is to be published in the Official Gazette, at which point the judgment will become binding to all courts, eliminating, in this way, the uneven practice encountered so far. Fiscal Procedure Code defines tax claims as “property rights which, under the law, result from relations of material fiscal law”. In the amount of […]

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By : Jun 13, 2017 No Comment
laptop lawyer property law
Articles, Intellectual Property

It was published the final version of the law “Big Brother”. What is the time limit allowed to providers for data storage?

The law will come into force on 17.10.2015. According to this law, “traffic data relating to subscribers and users, processed and stored by the provider of a public electronic communication network service for the public, must be erased or transformed into anonymous data, then when are no longer required for the transmission of a communication, […]

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By : Jun 13, 2017 No Comment
Articles, Dispute Resolution

The providers of telephony, Internet and television are obliged to publish the information regarding the termination or modification of the Agreement

According to the decision above mentioned, the information that providers are obliged to publish on their website, under this decision, must be written legibly, and the font color used must contrast with the background. Regarding the termination of the Agreement, there shall be indicated including the means by which they may request termination of the […]

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By : Jun 13, 2017 No Comment
laptop lawyer property law
Articles, Banking and Capital Markets

What is the deadline for replacing the cash registers with paper rolls?

These provisions are contained in the Emergency Ordinance No. 91/2014 on amending and supplementing the Government Emergency Ordinance No. 28/1999 regarding the obligation of operators to use fiscal electronic devices, published in the Official Gazette, Part I no. 966 of 30.12.2014 and consolidated on 23.07.2015. Under the provisions of this ordinance, “electronic cash registers appliances […]

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By : Jun 13, 2017 No Comment
Articles, Corporate Commercial and M&A

Stock company. The expiration of the Directors mandate

“Pursuant to art. 72 of Law no. 31/1990, the obligations and responsibility of the directors shall be governed by the provisions regarding the mandate and the special ones stipulated in this Law, of art. 1554 – Art. 1555 Civil code showing that the termination of the mandate of the previous directors can not intervene except […]

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By : Jun 13, 2017 No Comment
Articles, Corporate Commercial and M&A

ICCJ. Exclusion of a shareholder. Company dissolution

“If by a counterclaim is requested the exclusion from the company of the shareholder director for serious disagreements between the shareholders, and the court finds the perpetration of this illegal acts in connection with the idea of ‹‹guilt, the companys sanction that emerges is the one provided for by art. 222 paragraph (1) d) of […]

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By : Jun 13, 2017 No Comment
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