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Category: Dispute Resolution

laptop lawyer property law

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 […]

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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

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

Articles, Dispute Resolution

ICCJ. Unjustified refusal to process an application

The High Court finds that in this case, the arguments of the court are devoid of legal basis, in terms of its statement that no justification of the ministry was brought, regarding that the order setting the election date was not issued, as long as throughout the trial were brought evidence regarding the fact that […]

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By : Jun 13, 2017 No Comment

laptop lawyer property law

Articles, Dispute Resolution

The procedure for applying for compensation from Astra Insurance Reinsurance Company

In this situation, the creditors of the insurance policies (insured person, the insurance beneficiary or injured person) may apply for direct payments from the Guarantee Fund of Policyholders (GFP), which aims to protect the insurance creditors from the consequences of insolvency of an insurer entered into bankruptcy. The main destination of the amounts, available to […]

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By : Jun 11, 2017 No Comment

laptop lawyer property law

Articles, Dispute Resolution

The decision of the High Court of Cassation and Justice on the insurer’s refusal to pay the indemnity

The High Court of Cassation and Justice, looking at the allegations of the case found that: in relation to art. 1270 Civil Code, according to which valid closed contract has the force of law between the contracting parties, as such, judges are obliged to apply them as they were designed and drafted by the participants […]

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By : Jun 11, 2017 No Comment

laptop lawyer property law

Articles, Dispute Resolution

Law Project on appeals in matters of public procurement contracts

This Law Project applies to claims involving the granting of compensation for damages caused in the assignment procedure, as well as those on the execution, annulment, resolution, termination or withdrawal of public procurement contracts or concession. According to the Project, any person who considers himself injured in a right or a legitimate interest cotby an […]

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By : Jun 11, 2017 No Comment

laptop lawyer property law

Articles, Dispute Resolution

Law No. 157/2015 on approving the Government Emergency Ordinance No. 34/2014 on consumer rights in contracts with professionals and amending and supplementing certain acts

In accordance with the legal provisions, it was approved the Government Emergency Ordinance No. 34 of June 4, 2014 on consumer rights in contracts with professionals and amending and supplementing certain acts, published in the Official Gazette of Romania, Part I, No. 427 of 11 June 2014 with the following changes: Article 3 of the […]

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By : Jun 11, 2017 No Comment

laptop lawyer property law

Articles, Dispute Resolution

It was republished the Law no. 189 of 13.05.2003 on international legal assistance in civil and commercial matters

Release of judicial and extrajudicial documents in and abroad is the formality that aims to bring them to the attention of recipients: parties, witnesses or participants in a civil or commercial lawsuit in the requesting State. The Ministry of Justice is the central authority through which the demanding Romanian authorities release the documents abroad. As […]

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By : Jun 11, 2017 No Comment

laptop lawyer property law

Articles, Dispute Resolution

RIL: Removal of illegally parked cars cannot be regulated by a Local Council Decision

The decision was given, following a notification made by the Ombudsman, through the promotion of an appeal on points of law, due to the fact that the courts do not have a single point of view regarding the legality of the decisions of the local councils having to regulate the procedure on illegally parked vehicles, […]

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By : Jun 11, 2017 No Comment