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Preliminary referrals of Romanian courts to the CJEU. Collection annotated by jurisprudence (2016). Volume VIII
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ISBN: 978-606-28-0929-4
DOI: 10.5682/9786062809294
Publisher year: 2019
Edition: I
Pages: 480
Publisher: Editura Universitara
Author: Mihai Sandru, Mihai Banu, Dragos Calin (coord.)
Product Code:
9786062809294
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Romanian and European jurisprudence are the subject of a "file", which is based on a preliminary reference: the decisions of the Romanian courts, together with the decisions pronounced by the Court of Justice.
The initiative is supported by the Romanian Association of European Law and Affairs (ARDAE), by the Center for European Law Studies (CSDE) of the Institute for Legal Research „Acad. Andrei Radulescu "of the Romanian Academy and of the Romanian Judges Forum Association (FJR).
Collection annotated by case law (2016) includes 9 cases, as follows: case C-286/16, Emixtiani (value added tax); Case C-297/16, CMVRO (freedom of establishment); Case C-298/16, Ispas (fundamental rights; principles, objectives and tasks of the Treaties); Case C-392/16, Marcu (taxation, value added tax); case C-408/16, National Company of Motorways and National Roads of Romania (freedom of establishment; free provision of services); case C-441/16, SMS Group (value added tax); Case C-535/16, Bachman (consumer protection); Case C-664/16, Vadan (value added tax); Case C-673/16, Coman and Others (citizenship of the European Union; right of citizens of the Union to move and reside within the territory of the Union).
The initiative is supported by the Romanian Association of European Law and Affairs (ARDAE), by the Center for European Law Studies (CSDE) of the Institute for Legal Research „Acad. Andrei Radulescu "of the Romanian Academy and of the Romanian Judges Forum Association (FJR).
Collection annotated by case law (2016) includes 9 cases, as follows: case C-286/16, Emixtiani (value added tax); Case C-297/16, CMVRO (freedom of establishment); Case C-298/16, Ispas (fundamental rights; principles, objectives and tasks of the Treaties); Case C-392/16, Marcu (taxation, value added tax); case C-408/16, National Company of Motorways and National Roads of Romania (freedom of establishment; free provision of services); case C-441/16, SMS Group (value added tax); Case C-535/16, Bachman (consumer protection); Case C-664/16, Vadan (value added tax); Case C-673/16, Coman and Others (citizenship of the European Union; right of citizens of the Union to move and reside within the territory of the Union).
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Preliminary referrals of Romanian courts to the CJEU. Collection annotated by jurisprudence (2016). Volume VIII
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Mihai Sandru
Coordinator of the Center for European Law Studies (CSDE) of the Research Institute of the Romanian Academy and university professor; arbitrator at the International Commercial Arbitration Court attached to the Romanian Chamber of Commerce and Industry and ad-hoc judge at the European Court of Human Rights.
Mihai Banu
Associate Researcher - Center for European Law Studies (CSDE) of the Institute for Legal Research "Acad. Andrei Radulescu" of the Romanian Academy
Dragos Calin (coord.)
Judge at the Bucharest Court of Appeal, trainer of the National Institute of Magistracy for continuous professional training European Union law, international judicial cooperation in civil and commercial matters, labor law and social insurance law; associate scientific researcher of the Institute of Legal Research of the Romanian Academy - Center for European Law Studies, director of the Journal of Judges Forum, member of the scientific college of the journal Jurisclasor ECHR, co-editor of the Journal iaduer - European Legal Affairs, founding member and co-president Judges of Romania (2007-present), member of the Board of Directors GEMME Europe (May 2010-present), vice-president of GEMME Europe - European Grouping of Magistrates for Mediation (May 2010-May 2012), founding member of CIMJ (International Conference of Mediation for Justice), October 2009, Paris.
Coordinator of the Center for European Law Studies (CSDE) of the Research Institute of the Romanian Academy and university professor; arbitrator at the International Commercial Arbitration Court attached to the Romanian Chamber of Commerce and Industry and ad-hoc judge at the European Court of Human Rights.
Mihai Banu
Associate Researcher - Center for European Law Studies (CSDE) of the Institute for Legal Research "Acad. Andrei Radulescu" of the Romanian Academy
Dragos Calin (coord.)
Judge at the Bucharest Court of Appeal, trainer of the National Institute of Magistracy for continuous professional training European Union law, international judicial cooperation in civil and commercial matters, labor law and social insurance law; associate scientific researcher of the Institute of Legal Research of the Romanian Academy - Center for European Law Studies, director of the Journal of Judges Forum, member of the scientific college of the journal Jurisclasor ECHR, co-editor of the Journal iaduer - European Legal Affairs, founding member and co-president Judges of Romania (2007-present), member of the Board of Directors GEMME Europe (May 2010-present), vice-president of GEMME Europe - European Grouping of Magistrates for Mediation (May 2010-May 2012), founding member of CIMJ (International Conference of Mediation for Justice), October 2009, Paris.
CONTENT
The eighth volume of the repertoire of files regarding the preliminary references from Romania - Some introductory clarifications / IX
List of abbreviations and acronyms used / XI
CASE C-286/16, EMIXTIANI
Facts prior to Romania's accession to the European Union; obvious incompetence of the Court / 3777
Cluj Court of Appeal, Section III Administrative and fiscal litigation, Conclusion of January 22, 2016/3777
113.2. CJ, Ordinance of 11 May 2017, EU: C: 2017: 368/3782
113.3. Cluj Court of Appeal, Section III Administrative and fiscal litigation, Civil decision no. 5538 of 22 November 2017,
RO: CACLJ: 2017: 050.005538 / 3784
CASE C-297/16, CMVRO
Freedom of establishment / 3806
Bucharest Court of Appeal, Section VIII Administrative and Fiscal Litigation, Conclusion of March 1, 2016/3806
Opinion of Advocate General Nils Wahl delivered on 21 September 2017, EU: C: 2017: 715/3833
114 3. CJ, Decision of 1 March 2018, EU: C: 2018: 141/3855
114.4. Bucharest Court of Appeal, Section VIII Administrative and fiscal litigation, Civil sentence no. 2333 from 18.05.2018, RO: CABUC: 2018: 023.002333 / 3871
CASE C-298/16, ISPAS
Rights / Fundamentals; principles, objectives and missions of the treaties / 3890
Cluj Court of Appeal, Section III Administrative and fiscal litigation, Conclusion of March 2, 2016/3890
CJ, Opinion of Mr Advocate General Michal Bobek delivered on 7 September 2017, EU: C: 2017: 650/3894
115.3. CJ, Decision of 9 November 2017, EU: C: 2017: 843/3925
115.4. Cluj Court of Appeal, Section III Administrative and fiscal litigation, Civil sentence no. 404 of December 20, 2017,
RO: CACLJ: 2017: 048.000404 / 3933
CASE C-392/16, MARCU
Taxation, value added tax / 3949
Bucharest Court of Appeal, Section VIII Administrative and Fiscal Litigation, Conclusion of March 2, 2016/3949
116.2. CJ, Decision of 6 July 2017, EU: C: 2017: EU: C: 2017: 519/3962
116.3. Bucharest Court of Appeal, Section VIII Administrative and fiscal litigation, Civil sentence no. 4699 of 4 December 2017/3972
CASE C-408/16, NATIONAL COMPANY FOR NATIONAL HIGHWAYS AND ROADS IN ROMANIA
Freedom of establishment; free provision of services; economic, social and territorial cohesion / 4014
Bucharest Court of Appeal, Section VIII Administrative and fiscal litigation, Conclusion of May 20, 2016 4014
117.2. CJ, Decision of 6 December 2017, EU: C: 2017: 940/4026
117.3. Bucharest Court of Appeal, Section VIII Administrative and fiscal litigation, Civil sentence no. 1557 of March 30, 2018, RO: CABUC: 2018: 023.001557 / 4039
CASE C-441/16, SMS GROUP
Taxation; value added tax / 4054
High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of June 22, 2016/4054
118.2. CJ, Decision of 21 September 2017, EU: C: 2017: 712/4069
118.3. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Decision no. 4060 of 13 December 2017, RO: ICCJ: 2017: 002.004060 / 4080
CASE C-535/16, BACHMAN
Consumer's protection; abusive clauses that appear in the contracts concluded with consumers / 4093
Mures Specialized Tribunal, Conclusion of March 15, 2016 ..... / 4093
119.2. CJ, Ordinance of 27 April 2017, EU: C: 2017: 321/4097
Mures Specialized Tribunal, Decision no. 30 / R of 19 June 2017, RO: TBSMU: 2017: 004.000030 / 4104
Mures Specialized Tribunal, Decision no. 53 / R of 29 November 2017, RO: TBSMU: 2017: 004.000053 / 4113
CASE C-664/16, VADAN
Taxation; value added tax / 4120
Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion of November 10, 2016, RO: CAALB: 2016: 067.00006411 / 4120
120.2. CJ, Decision of 21 November 2018, EU: C: 2018: 933/4131
CASE C-673/16, COMAN AND OTHERS
Citizenship of the European Union; the right of citizens / 4141
Union of movement and residence on the territory of the Union / 4141
District 5 Court of Bucharest, Conclusion of December 18, 2015/4141
Romanian Constitutional Court, Preliminary Reference / 4154
Opinion of Mr Advocate General Melchior Wathelet delivered on 11 January 2018, EU: C: 2018: 2/4168
121.4. CJ, Decision of 5 June 2018, EU: C: 2018: 385/4196
121.5. Romanian Constitutional Court, Decision no. 534 of July 18, 2018 regarding the exception of unconstitutionality of the provisions of art. 277 paragraphs (2) and (4) of the Civil Code, published in the Official Gazette no. 842 of 03.10.2018 / 4209
The eighth volume of the repertoire of files regarding the preliminary references from Romania - Some introductory clarifications / IX
List of abbreviations and acronyms used / XI
CASE C-286/16, EMIXTIANI
Facts prior to Romania's accession to the European Union; obvious incompetence of the Court / 3777
Cluj Court of Appeal, Section III Administrative and fiscal litigation, Conclusion of January 22, 2016/3777
113.2. CJ, Ordinance of 11 May 2017, EU: C: 2017: 368/3782
113.3. Cluj Court of Appeal, Section III Administrative and fiscal litigation, Civil decision no. 5538 of 22 November 2017,
RO: CACLJ: 2017: 050.005538 / 3784
CASE C-297/16, CMVRO
Freedom of establishment / 3806
Bucharest Court of Appeal, Section VIII Administrative and Fiscal Litigation, Conclusion of March 1, 2016/3806
Opinion of Advocate General Nils Wahl delivered on 21 September 2017, EU: C: 2017: 715/3833
114 3. CJ, Decision of 1 March 2018, EU: C: 2018: 141/3855
114.4. Bucharest Court of Appeal, Section VIII Administrative and fiscal litigation, Civil sentence no. 2333 from 18.05.2018, RO: CABUC: 2018: 023.002333 / 3871
CASE C-298/16, ISPAS
Rights / Fundamentals; principles, objectives and missions of the treaties / 3890
Cluj Court of Appeal, Section III Administrative and fiscal litigation, Conclusion of March 2, 2016/3890
CJ, Opinion of Mr Advocate General Michal Bobek delivered on 7 September 2017, EU: C: 2017: 650/3894
115.3. CJ, Decision of 9 November 2017, EU: C: 2017: 843/3925
115.4. Cluj Court of Appeal, Section III Administrative and fiscal litigation, Civil sentence no. 404 of December 20, 2017,
RO: CACLJ: 2017: 048.000404 / 3933
CASE C-392/16, MARCU
Taxation, value added tax / 3949
Bucharest Court of Appeal, Section VIII Administrative and Fiscal Litigation, Conclusion of March 2, 2016/3949
116.2. CJ, Decision of 6 July 2017, EU: C: 2017: EU: C: 2017: 519/3962
116.3. Bucharest Court of Appeal, Section VIII Administrative and fiscal litigation, Civil sentence no. 4699 of 4 December 2017/3972
CASE C-408/16, NATIONAL COMPANY FOR NATIONAL HIGHWAYS AND ROADS IN ROMANIA
Freedom of establishment; free provision of services; economic, social and territorial cohesion / 4014
Bucharest Court of Appeal, Section VIII Administrative and fiscal litigation, Conclusion of May 20, 2016 4014
117.2. CJ, Decision of 6 December 2017, EU: C: 2017: 940/4026
117.3. Bucharest Court of Appeal, Section VIII Administrative and fiscal litigation, Civil sentence no. 1557 of March 30, 2018, RO: CABUC: 2018: 023.001557 / 4039
CASE C-441/16, SMS GROUP
Taxation; value added tax / 4054
High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of June 22, 2016/4054
118.2. CJ, Decision of 21 September 2017, EU: C: 2017: 712/4069
118.3. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Decision no. 4060 of 13 December 2017, RO: ICCJ: 2017: 002.004060 / 4080
CASE C-535/16, BACHMAN
Consumer's protection; abusive clauses that appear in the contracts concluded with consumers / 4093
Mures Specialized Tribunal, Conclusion of March 15, 2016 ..... / 4093
119.2. CJ, Ordinance of 27 April 2017, EU: C: 2017: 321/4097
Mures Specialized Tribunal, Decision no. 30 / R of 19 June 2017, RO: TBSMU: 2017: 004.000030 / 4104
Mures Specialized Tribunal, Decision no. 53 / R of 29 November 2017, RO: TBSMU: 2017: 004.000053 / 4113
CASE C-664/16, VADAN
Taxation; value added tax / 4120
Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion of November 10, 2016, RO: CAALB: 2016: 067.00006411 / 4120
120.2. CJ, Decision of 21 November 2018, EU: C: 2018: 933/4131
CASE C-673/16, COMAN AND OTHERS
Citizenship of the European Union; the right of citizens / 4141
Union of movement and residence on the territory of the Union / 4141
District 5 Court of Bucharest, Conclusion of December 18, 2015/4141
Romanian Constitutional Court, Preliminary Reference / 4154
Opinion of Mr Advocate General Melchior Wathelet delivered on 11 January 2018, EU: C: 2018: 2/4168
121.4. CJ, Decision of 5 June 2018, EU: C: 2018: 385/4196
121.5. Romanian Constitutional Court, Decision no. 534 of July 18, 2018 regarding the exception of unconstitutionality of the provisions of art. 277 paragraphs (2) and (4) of the Civil Code, published in the Official Gazette no. 842 of 03.10.2018 / 4209
The eighth volume of the repertoire of files regarding preliminary references from Romania -
Some introductory clarifications
Some introductory clarifications
The eighth volume of the Preliminary References of the Romanian courts to the CJEU. Collection annotated by case law (2016) includes 9 cases, as follows: case C-286/16, Emixtiani (value added tax); Case C-297/16, CMVRO (freedom of establishment); Case C-298/16, Ispas (fundamental rights; principles, objectives and tasks of the Treaties); Case C-392/16, Marcu (taxation, value added tax); case C-408/16, National Company of Motorways and National Roads of Romania (freedom of establishment; free provision of services); case C-441/16, SMS Group (value added tax); Case C-535/16, Bachman (consumer protection); Case C-664/16, Vadan (value added tax); Case C-673/16, Coman and others (citizenship of the European Union; right of citizens of the Union to move and reside within the territory of the Union).
I presented in each case the decisions of the Romanian courts, together with the decisions pronounced by the Court of Justice. The interventions on the decisions were reduced and consisted in the tacit correction of some minor errors, in the uniformization as much as possible of some references and in the signaling of some less successful forms, and the footnotes are meant to bring some clarifications and to update references to provisions. of EU law. I replaced where possible the references made to codes with abbreviations included in the list listed at the beginning of the volume: C.civ., C.fisc., C.pen., C.pr.civ., C.pr.fisc., C.pr.pen ..
The initiative is supported by the Romanian Association of Law and European Affairs (ARDAE), by the Center for European Law Studies (CSDE) of the Institute for Legal Research of the Romanian Academy and by the Romanian Judges Forum Association (FJR).
The list of all preliminary references from Romania is accessible at http://iaduer.ro/ and is constantly updated. We took into account the legislative, doctrinal and jurisprudence developments until April 1, 2019.
Mihai SANDRU
Mihai BANU
Dragos CALIN
Mihai BANU
Dragos CALIN
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