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 […]
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 the view were taken that a worker’s 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 […]
In accordance with to the provisions of art. 110 of the Treaty on the Functioning of the EU (ex Article 90 TEC): “No Member State shall impose, directly or indirectly, on the products of other Member States any internal taxation of any kind in excess of that imposed directly or indirectly on similar domestic products. […]
The Court finds that the provisions of art. 52 paragraph (1) letter b) of Law No. 53/2003 require a separate analysis of the two theses contained, the causes for the suspension of the individual labor contract being obviously different. This distinct examination has been detained also by Decision No. 81 of 26 February 2015 published […]
The author of the exception argues that the provisions under criticism contravene to the constitutional provisions of art. 44 – Right to private property, art. 53 – Restriction of certain rights or freedoms and art. 148 – Integration into the European Union and the Treaty on legal assistance in civil, family and criminal law concluded […]
The court admitted the claim, noted the unfairness of the contractual clauses inserted in the loan agreement and absolute nullity of these clauses. It also ordered the removal of these clauses from the contract and also ordered the defendant to refund the amounts collected by way of management fee and processing fee, amounts updated until […]
The object of the exceptions of unconstitutionality is the provisions of art. 2711 and art. 2712 of the Government Emergency Ordinance No. 34/2006 on the award of public procurement contracts, public works concession contracts and service concession, regarding the appeal procedure on awarding public procurement contracts, the establishment of the good conduct guarantee of the […]
The dispute in Romania was founded on the complaint introduced by Mr. Manea, who requested the registration in Romania of a used vehicle which he bought in Spain. This vehicle belongs to category M1 vehicles and was registered as a new car in Spain in 2005. The Romanian competent authority conditioned the registration with payment […]
The High Court held that in the case the applicant claimed only the restitution of the market price (without having a separate point of complaint regarding the refund of the updated price, paid at the time of concluding the sale purchase – agreement, under Law No. 112 / 1995, as amended), the Court may grant […]
