“In order to establish the monetary equivalent of the damage apply the principles established by art. 1084 – 1086 C. civ. of 1864, meaning that the damage should include actual losses and lost profit, the repair of only the damage foreseeable when the contract was closed, respectively the direct damage, in causal connection with the […]
The object of the exception of unconstitutionality is the provisions of art. 990 paragraph (1) of the Code of Civil Procedure. The Court observes that, after addressing the Court, the Code of Civil Procedure was republished in the Official Gazette of Romania, Part I, no. 247 of 10 April 2015 and after the renumbering of […]
In justifying the exception of unconstitutionality it is shown that the criticized text discriminates against individuals whose prosecution started under the old Code of Criminal Procedure, or have signed a plea bargain, that can invoke the lack of mandatory legal assistance at any time of criminal trial and individuals prosecuted according to the current Code […]
According to the facts of the case brought before the Court, as provided in the Articles of Association of the company defendant, the director convenes the general meeting of shareholders at least once a year or whenever necessary. Through the same Articles of Association was not performed an embodiment of convening the General Meeting of […]
1. Must it be held that, pursuant to Article 4(1)(2) (investment services and activities), Article 4(1)(17) (financial instruments) and Annex I, Section C, point (4) (forward currency contracts, derivative instruments) of Directive [2004/39/EC] (1) (˜the directive), the offer of an (exchange rate) transaction to a client which, under the legal form of a foreign currency denominated loan agreement, consists […]
1. Trebuie sa se considere ca, in conformitate cu articolul 4 alineatul (1) punctul 2 (servicii si activitati de investitii) si punctul 17 (instrumente financiare), precum si cu anexa I sectiunea C punctul 4 (tranzactii valutare la termen, instrumente derivate) din Directiva [2004/39/CE] (1), oferta adresata clientului unei tranzactii (pe cursul de schimb) care, sub forma […]
This request for a preliminary ruling has been made in proceedings between the Verein für Konsumenteninformation (Consumer Information Association, ˜the Association) and A1 Telekom Austria AG (˜A1 Telekom Austria) concerning the latters use of allegedly unlawful terms in consumer contracts. By its question, the referring court asks, in essence, whether Article 20(2) of Directive 2002/22 must […]
in public holidays as stipulated in article 139 paragraph (1) of the Labor Code, republished, as amended and supplemented, is an offense provided according to art. 260 paragraph (1) letter g) of the Code, when the employer has fulfilled the obligations under art. 142 of this act. Pursuant to art. 141 of Law no. 53/2003 […]
The request for a preliminary ruling has been made in proceedings between SIA ˜Maxima Latvija (˜Maxima Latvija) and the Konkurences padome (Competition Council) concerning a fine imposed by it on Maxima Latvija for having concluded a series of commercial lease agreements with shopping centres; those agreements containing a clause having an anti-competitive object. By its […]
if a debt is due and another not yet due, the payment is imputed on the one due, even if the debtor had more interest on the other; when all debts are falling due, imputation will be made on the one of them to that is more onerous for the debtor, ie one that he […]
