By :May 23, 2022Comments Off on Legal Updates 23 May 2022
1.The Romanian Law no. 125/2022 on supplementing the Government Emergency Ordinance no. 44/2008 regarding the performance of the economic activities by authorized natural persons, individual companies and family companies
The period in which an authorized natural person carries out economic activities in Romania on the basis of this Romanian Emergency Ordinance constitutes seniority in the specialty, with the fulfillment of the following conditions:
the economic activity generated net incomes in the year subject to the recognition of the seniority whose value is at least equal to the level of 12 times the minimum gross salary per country guaranteed in payment established according to the law in that year;
it is registered at the Romanian Trade Registry with a single NACE activity code or with the main NACE activity code for which the seniority recognition is desired.
The seniority in employment in Romania and, as the case may be, the seniority in the specialty in Romania is considered the period in which the Romanian authorized natural persons carried out the economic activities and paid the legal contributions, taxes and duties, not taking into account the period in which the authorized natural persons did not have income generating activity or had the activity suspended.
2.The Romanian Law no. 193/2000 regarding the abusive clauses from the agreements concluded between professionals and consumers, republished in the Official Gazette of Romania, Part I, no. 543 from August 3, 2012, with subsequent additions, is amended and supplemented as follows:
The enforcement court in Romania has the possibility to examine during the challenge on enforcement, at the request of the consumer or ex officio, if the clauses of an agreement concluded between a professional and a consumer which is an enforceable title, are abusive, this challenge on enforcement being imprescriptible.
The Romanian court has the obligation to examine ex officio the abusive nature of a contractual term as soon the necessary legal and factual elements are reached. When the court considers that such a term is abusive, the court does not apply it, unless the consumer objects.
3.The Romanian Circular no. 11/2022 regarding the level of the reference interest rate of the National Bank of Romania
Starting with May 11, 2022, the level of the reference interest rate of the National Bank of Romania is 3.75% per year.