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Tag: The High Court of Cassation and Justice

Juridical Updates 03 November 2023

The Romanian Law no. 298/2023 for the amendment of the Romanian Law no. 272/2004 on the protection and promotion of children’s rights At the request of the child, expressed after acquiring full exercise capacity, if he continues his studies only once in each form of education provided by law, special protection is granted, in accordance […]

Juridical Updates 27 October 2023

The Romanian Law no. 291/2023 for the amendment and completion of art. 84 of the Romanian Law no. 272/2004 on the protection and promotion of children’s rights and for the completion of art. 121 of the Romanian Law no. 286/2009 on the Romanian Criminal Code The parents of the child who commits criminal acts and […]

Juridical Updates 20 October 2023

Romanian Decision no. 52/2023 on the examination of the notification formulated by the Pitesti Court of Appeal – Civil Section I, in File no. 5,465 / 288/2017 **, in order to pronounce a preliminary ruling The Pitesti Court of Appeal ordered, the notification of the High Court of Cassation and Justice, pursuant to art. 519 […]

The High Court of Cassation and Justice decided that an appeal against the tax audit report is inadmissible

The High Court of Cassation and Justice, in motivating the decision, considered that the tax audit is the document that underlies the issuance of the tax decision, namely that document that records the findings of the fiscal inspection bodies, “it does not represent an administrative act so as defined by art. 41 of Ordinance no. […]

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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 […]

The Decision of HCCJ No. 6/2015 registering the sanction of the warning in the criminal tax records

The referral to the High Court of Cassation and Justice has been made by the Salaj Court – Civil Section, through the Ruling of 22.05.2014, in the file No. 4322/84/2013, to give a principle solution of on the following question of law:   “If, in relation to article 2 paragraph (1), article 4 paragraph (1) […]

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The High Court of Cassation and Justice decided that the VAT deduction cannot be made if the invoice does not fulfill all of the form conditions

Thus, through the above-mentioned decision, the High Court of Cassation and Justice has determined that: “The VAT cannot be deducted, nor can the tax base required in determining the income tax cannot be diminished, in case the supporting documents presented do not contain or provide all the information provided by the legal provisions in force, […]

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The High Court of Cassation and Justice decided: dismissal is canceled if the employer has not given notice to the employee

Also, “the lack of mentioning in the decision to dismiss of the mention regarding the duration of the notice given to the employee is not sanctioned by nullity of the decision and the measure of dismissal when the employer proves that he gave notice to the employee with the minimum duration provided by art. 75 […]