Blog - Page 60 of 74 - Pavel, Margarit and Associates

Preliminary ruling on the nature of the consumer loan. Ruling of the EUCJ

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 […]

By : Jun 13, 2017 No Comment

Intrebare preliminara cu privire la natura contractului de credit de consum. Decizia CJUE

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 […]

By : Jun 13, 2017 No Comment

Articles, Dispute Resolution

CJUE. Right of subscribers terminate the contract without penalty

This request for a preliminary ruling has been made in proceedings between the Verein fÃ¼r 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 […]

By : Jun 13, 2017 No Comment

Articles, Employment and Labour Law

RIL admitted. The act of conducting activity in shopping centers, on public holidays

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 […]

By : Jun 13, 2017 No Comment

Articles, Corporate Commercial and M&A

CJEU. Commercial lease agreements. Right of the anchor tenant to prevent the lessor letting commercial premises to third parties

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 […]

By : Jun 13, 2017 No Comment

Articles, Banking and Capital Markets

SCCJ. Establishing the imputation method of payment, when this is not done neither by the creditor nor the debtor

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 […]

By : Jun 13, 2017 No Comment

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 […]

By : Jun 13, 2017 No Comment

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 […]

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 […]

By : Jun 13, 2017 No Comment

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, […]

By : Jun 13, 2017 No Comment

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Preliminary ruling on the nature of the consumer loan. Ruling of the EUCJ

Intrebare preliminara cu privire la natura contractului de credit de consum. Decizia CJUE

CJUE. Right of subscribers terminate the contract without penalty

RIL admitted. The act of conducting activity in shopping centers, on public holidays

CJEU. Commercial lease agreements. Right of the anchor tenant to prevent the lessor letting commercial premises to third parties

SCCJ. Establishing the imputation method of payment, when this is not done neither by the creditor nor the debtor

EUCJ. Directive on collective redundancies. Termination of Labor Agreement

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

Preliminary ruling regarding infringement of intellectual proprietary right

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

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