Editura Universitara Preliminary references of the Romanian courts to the CJEU Collection annotated by jurisprudence (2017-2018). Volume X

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ISBN: 978-606-28-0932-4

DOI: 10.5682/9786062809324

Publisher year: 2019

Edition: I

Pages: 492

Publisher: Universitară

Author: Mihai Sandru, Mihai Banu, Dragos Calin (coord.)

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Romanian and European jurisprudence are the subject of a "case", which is based on a preliminary reference: the decisions of the Romanian courts, along with the decisions handed down 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 Radulcscu "of the Romanian Academy and of the Association of Romanian Judges Forum (FJR).

Collection annotated by jurisprudence (2017-2018) includes 11 cases, as follows: case C-478/17, IQ (area of ​​freedom, security and justice; judicial cooperation in the case C-495/17, Cartrans Spedition (taxation); value added tax), Case C-676/17, Calin (principles, objectives and tasks of the Treaties; fundamental rights; Charter of Fundamental Rights; taxation), Case C-17/18, Mailat (taxation; value added tax), case C-68/18, Petrotel-Lukoil (taxation; energy), case C-85/18, CV (space of freedom, security and justice; judicial cooperation in the matter case C-205/18, Dospinescu and others) case C-267/18, Delta Construction and Assembly Enterprise 93 (freedom of establishment; freedom to provide services), case C-268/18, Onlineshop (free movement of goods; Customs Union; common customs tariff); C-291/18, Petroleum Services Group (taxation; value added tax) and Case C-835/18, Terracult (taxation; value added tax).
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.

CONTENT

Tenth volume of the repertoire of files on preliminary references from Romania - Some introductory clarifications / IX

List of abbreviations and acronyms used / XI

135. CASE C-478/17, IQ
The space of freedom, security and justice; judicial cooperation in civil matters / 4783

135.1. Cluj Tribunal, Civil Section, Conclusion of July 12, 2017/4783
135.2. Opinion of Mr Advocate General Melchior Wathelet delivered on 10 July 2018, EU: C: 2018: 552/4791
135.3. CJ, Decision of October 4, 2018, EU: C: 2018: 812/4809

136. CASE C-495/17, CARTRANS SPEDITION
Taxation; value added tax / 4819

136.1. Prahova Tribunal, Civil Section II, of administrative and fiscal contentious, Conclusion of 14 February 2017/4819
136.2. Opinion of Advocate General Eleanor Sharpston delivered on 12 July 2018, EU: C: 2018: 573/4823
136.3. CJ, Decision of November 8, 2018, EU: C: 2018: 887/4836

137. CASE C-676/17, CALIN
Principles, objectives and missions of the treaties; fundamental rights; Charter of Fundamental Rights; taxation / 4850

137.1. / Ploiesti Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of October 5, 2017/4850
137.2. / CJ, Opinion of Mr Advocate General Michal Bobek delivered on 5 February 2019, EU: C: 2019: 94/4869

138. / CASE C-17/18, MAILAT
Taxation; value added tax / 4895

138.1. / Mures Tribunal, Criminal Section, Conclusion of December 18, 2017/4895
138.2. / Tribunal / Mures, Criminal Section, Reference for a preliminary ruling / 4908
138.3. CJ, Decision of 19 December 2018, EU: C: 2018: 1038/4912

139. / CASE C-68/18, PETROTEL-LUKOIL
Taxation; energy / 4921

139.1. / Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of December 21, 2017/4921
139.2. / Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of January 25, 2018/4934

140. / CASE C-85/18, CV
The space of freedom, security and justice; judicial cooperation in civil matters / 4937

140.1. / Oradea Court, Civil Section, Conclusion of October 4, 2017/4937
140.2. CJ, Ordinance of April 10, 2018, EU: C: 2018: 220/4941
140.3. Oradea Court, Civil Section, Civil Sentence no. 3320 from 23.05.2018, RO: JDORA: 2018: 001.003320 / 4952

141. / CASE C-205/18, DOSPINESCU AND OTHERS
Social policy / 4956

141.1. / Pitesti Court of Appeal, Civil Section I, Conclusion of January 30, 2018. / 4956
141.2. / CJ, Ordinance of the President of the Court of June 21, 2018, EU: C: 2018: 523/4974
141.3. / Pitesti Court of Appeal, Civil Section I, Civil Decision no. 2371 of 14 September 2018, RO: CAPIT: 2018: 004.002371 / 4974

142. CASE C-267/18, DELTA CONSTRUCTION AND ASSEMBLY ENTERPRISE 93
Freedom of establishment; free provision of services / 4987

142.1. / Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of April 2, 2018/4987

143. / CASE C-268/18, ONLINESHOP
Free movement of goods; Customs Union; common customs tariff / 4997

143.1. / Bacau Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of April 5, 2018/4997
143.2. / Bacau Court of Appeal, Civil Section II, of administrative and fiscal contentious, Preliminary reference request / 4999

144. / CASE C-291/18, PETROLEUM SERVICES GROUP
Taxation; value added tax / 5015

144.1. / Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of December 7, 2017/5015
144.2. / Opinion of Advocate General Gerard Hogan delivered on 10 April 2019, EU: C: 2019: 302/5035

145. / CASE C-353/18, BENY ALEX
Freedom of establishment; free provision of services; approximation of laws / 5054

145.1. / National Council for Solving Appeals, Conclusion of May 24, 2018/5054
145.2. CJ, Ordinance of October 17, 2018, EU: C: 2018: 829/5055

146. / CASE C-354/18, RUSSIA
Transport / 5063

146.1. / Bacau Tribunal, Second Civil and Administrative and Fiscal Litigation Section, Conclusion of April 26, 2018/5063

147. / CASE C-370/18, HOLUNGA
Intellectual, industrial and commercial property; marks / 5070

147.1. / Galati Institutionalized Arbitration Tribunal, Application of May 7, 2018/5070
147.2. CJ, Ordinance of 13 December 2018, EU: C: 2018: 1011/5074

148. CASE C-468/18, R
The space of freedom, security and justice; judicial cooperation in civil matters / 5078

148.1. / Constanta Court, Civil Section, Conclusion of March 26, 2018/5078
148.2. / Constanta Court, Civil Section, Request for a preliminary ruling / 5083

149. / CASE C-500/18, RELIANTCO INVESTMENTS AND RELIANTCO INVESTMENTS LIMASSOL BUCHAREST BRANCH
The space of freedom, security and justice; judicial cooperation in civil matters / 5094

149.1. / Cluj Specialized Tribunal, Conclusion of May 2, 2018/5094

150. / CASE C-530/ 18, EP
The space of freedom, security and justice; judicial cooperation in civil matters / 5111

150.1. / Ilfov Tribunal, Civil Section, Conclusion of May 25, 2018/5111

151. / CASE C-648/18, HYDROELECTRIC
Free / movement / of goods; / restrictions / quantitative; measures with equivalent effect / 5121

151.1. / Bucharest Tribunal, Section II administrative and fiscal litigation, Conclusion of November 28, 2016/5121
151.2. / Bucharest Tribunal, Second Administrative and Fiscal Litigation Section, Reference for a preliminary ruling / 5123

152. / CASE C-684/18, WORLD COMM TRADING GFZ
Taxation; value added tax / 5129

152.1. / Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of September 26, 2018/5129

153. / CASE C-698/18, BANK OF RAIFFEIS
Approximation of legislation; consumer protection / 5139

153.1. / Mures Specialized Tribunal, Conclusion of June 12, 2018 ....... / 5139
153.2. / Specialized Tribunal Mures, Preliminary reference request .... / 5144

154. / CASE C-699/18, BRD GROUPE SOCIETÉ GÉNÉRALE
Approximation of legislation; consumer protection / 5161

154.1. / Mures Specialized Tribunal, Conclusion of June 2018/5161
154.2. Mures Specialized Tribunal, Reference for a preliminary ruling / 5166

155. / CASE C-684/18, AMARASTI LAND INVESTMENT
Taxation; value added tax / 5180

155.1. / Timis Tribunal, Administrative and Fiscal Litigation Section, Conclusion of October 11, 2018/5180
155.2. / Timis Tribunal, Administrative and Fiscal Litigation Section, Reference for a preliminary ruling / 5183

156. / CASE C-708/18, M5A-SCARAA BLOCK OWNERS ASSOCIATION
Fundamental rights; Charter of Fundamental Rights; approximation of laws; data protection / 5195

156.1. / Bucharest Tribunal - Civil Section III, Conclusion of October 2, 2018/5195
156.2. / Bucharest Tribunal - Civil Section III, Request for a preliminary ruling / 5204

157. / CASE / C-716/18, / AJFP / CARAS-SEVERIN / SI / DGRFP TIMISOARA
Taxation; value added tax / 5216

157.1. / Timisoara Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion of November 1, 2018/5216

158. / CASE C-723/18, IGPR - HIGHWAYS AND SPECIAL MISSIONS BRIGADE
Fundamental rights; Charter of Fundamental Rights; principles, objectives and missions of the treaties / 5229

158.1. / Orastie Court, Conclusion of October 9, 2018 ............... / 5229
158.2. / Orastie Court, Preliminary reference request .................. / 5230

159. / CASE C-759/18, OF
The space of freedom, security and justice; judicial cooperation in civil matters / 5233

159.1. / Radauti Court, Conclusion no. 1975 of 19 November 2018, RO: JDRAD: 2018: 012.001975 / 5233

160. / CASE C-835/18, TERRACULT
Taxation; value added tax / 5244

160.1. / Timisoara Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion of November 21, 2018/5244

The tenth volume of the repertoire of files regarding preliminary references from Romania -
Some introductory clarifications



Tenth volume of the Preliminary References of the Romanian Courts to the CJEU. Annotated case law (2017-2018) includes 11 cases, as follows: Case C-478/17, IQ (Area of ​​Freedom, Security and Justice; Judicial Cooperation in Civil Matters), Case C-495/17, Cartrans Spedition (Taxation; value added tax), Case C-676/17, Călin (Principles, objectives and tasks of the Treaties; Fundamental rights; Charter of Fundamental Rights; Taxation), Case C-17/18, Mailat (Taxation; Value Added Tax) ), Case C-68/18, Petrotel-Lukoil (Taxation; Energy), Case C-85/18, CV (Area of ​​Freedom, Security and Justice; Judicial Cooperation in Civil Matters), Case C-205/18, Dospinescu and others (social policy); case C-267/18, Delta Construction and Assembly Enterprise 93 (freedom of establishment; freedom to provide services); Case C-268/18, Onlineshop (free movement of goods; Customs Union; Common Customs Tariff); Case C-291/18, Grup Servicii Petroliere (taxation; value added tax) and Case C-835/18, Terracult (taxation; value added tax).

I presented in each case the decisions of the Romanian courts, together with the decisions pronounced by the Court of Justice. Interventions on judgments have been reduced to include the tacit correction of minor errors, the standardization of references as much as possible and the reporting of less successful wording, and the footnotes are intended to provide some clarification 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 have taken into account the legislative, doctrinal and jurisprudence developments until April 1, 2019.
Mihai SANDRU
Mihai BANU
Dragos CALIN

www.editurauniversitara.ro

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