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Preliminary referrals of Romanian courts to the CJEU. Collection annotated by jurisprudence (2017). Volume IX
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ISBN: 978-606-28-0930-0
DOI: 10.5682/9786062809300
Publisher year: 2019
Edition: I
Pages: 552
Publisher: Editura Universitara
Author: Mihai Sandru, Mihai Banu, Dragos Calin (coord.)
Product Code:
9786062809300
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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).
Case law annotated (2017) includes 13 cases, as follows: Case C-12/17, Dicu (social policy; organization of working time; right to paid annual leave), Case C-69/17, Siemens Gamesa Renewable Energy Romania (taxation; value added tax), case C-76/17, Petrotel Lukoil and Georgescu (tax with effect equivalent to customs duties; tax applied to exported petroleum products), case C-81/17, Zabrus Siret (taxation; value added), case C-104/17, Cali Esprou (recovery and recycling of waste; contribution to a national environmental fund; "polluter pays" principle), case C-119/17, Lupean and Lupean (abusive clauses in contracts with Case C-133/17, Podila and Others and Case C-134/17, Mucea (both, safety and health of workers at work; employment as a job which exposes workers to special or special conditions, case C-147/17, Constanta Family Union and others (political social security), Case C-159/17, Dobre (common value added tax system); non-recognition of the right to deduct VAT), case C-211/17, Topaz (consumer protection; approximation of laws), case C-392/17, Oradea Energy Union (social policy; approximation of legislation (s)), case C-400/17 , Scripnic and others (consumer protection).
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).
Case law annotated (2017) includes 13 cases, as follows: Case C-12/17, Dicu (social policy; organization of working time; right to paid annual leave), Case C-69/17, Siemens Gamesa Renewable Energy Romania (taxation; value added tax), case C-76/17, Petrotel Lukoil and Georgescu (tax with effect equivalent to customs duties; tax applied to exported petroleum products), case C-81/17, Zabrus Siret (taxation; value added), case C-104/17, Cali Esprou (recovery and recycling of waste; contribution to a national environmental fund; "polluter pays" principle), case C-119/17, Lupean and Lupean (abusive clauses in contracts with Case C-133/17, Podila and Others and Case C-134/17, Mucea (both, safety and health of workers at work; employment as a job which exposes workers to special or special conditions, case C-147/17, Constanta Family Union and others (political social security), Case C-159/17, Dobre (common value added tax system); non-recognition of the right to deduct VAT), case C-211/17, Topaz (consumer protection; approximation of laws), case C-392/17, Oradea Energy Union (social policy; approximation of legislation (s)), case C-400/17 , Scripnic and others (consumer protection).
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Preliminary referrals of Romanian courts to the CJEU. Collection annotated by jurisprudence (2017). Volume IX
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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 the Judges Forum, member of the scientific college of the journal Jurisclasor ECHR, co-editor of the Journal iaduer.ro - European Legal Affairs, founding member and co-president Romanian Judges Forum Association (2007-present), member of the GEMME Europe Board of Directors (May 2010-present), vice-president of GEMME Europe - European Grouping of Magistrates for Mediation (May 2010-May 2012), founding member of CIMJ International Conference on 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 the Judges Forum, member of the scientific college of the journal Jurisclasor ECHR, co-editor of the Journal iaduer.ro - European Legal Affairs, founding member and co-president Romanian Judges Forum Association (2007-present), member of the GEMME Europe Board of Directors (May 2010-present), vice-president of GEMME Europe - European Grouping of Magistrates for Mediation (May 2010-May 2012), founding member of CIMJ International Conference on Mediation for Justice), October 2009, Paris.
CONTENT
The ninth volume of the repertoire of files on preliminary references from Romania - Some introductory clarifications / IX
List of abbreviations and acronyms used / XI
CASE C-12/17, DICU
Social policy; organization of working time; the right to paid annual leave / 4245
Cluj Court of Appeal, Civil Section I, Conclusion of October 11, 2016/4245
Opinion of Mr Advocate General Paolo Mengozzi delivered on 20 March 2018, EU: C: 2018: 195/4259
CJ, Decision of October 4, 2018, EU: C: 2018: 799/4270
Cluj Court of Appeal, Civil Section I, Civil Decision no. 1482 / A of October 29, 2018, RO: CACLJ: 2018: 066.001482. / 4278
CASE C-69/17, SIEMENS GAMESA RENEWABLE ENERGY ROMANIA
Taxation; value added tax / 4292
Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of November 16, 2016/4292
Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of November 8, 2017/4304
CJ, Decision of 12 September 2018, EU: C: 2018: 703/4306
Bucharest Court of Appeal, Section VIII administrative and fiscal contentious, Civil sentence no. 5544 of December 28, 2018, RO: CABUC: 2018: 023.005544 / 4315
CASE C-76/17, PETROTEL LUKOIL AND GEORGESCU Fee with effect equivalent to customs duties;
the tax applied to exported petroleum products. / 4338
High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of 17 November 2016/4338
124.2. CJ, Decision of March 1, 2018, EU: C: 2018: 139/4352
124.3. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Decision no. 3471 of October 22, 2018/4360
CASE C-81/17, ZABRUS SIRET
Taxation; value added tax / 4381
Suceava Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion of January 23, 2017 ..... / 4381
125.2. CJ, Decision of April 26, 2018, EU: C: 2018: 283/4390
125.3. Suceava Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 2556 of June 18, 2018, RO: CASVA: 2018: 036.002556 / 4401
CASE C-104/17, CALI ESPROU
Waste recovery and recycling; contribution to a national environmental fund; the "polluter pays" principle / 4413
Pitesti Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of February 2, 2017/4413
126.2. CJ, Decision of March 15, 2018, EU: C: 2018: 188/4421
126.3. Pitesti Court of Appeal, Civil Section II, of administrative and fiscal contentious, Decision no. 1175 / R-CONT of 17 May
2018, RO: CAPIT: 2018: 002.001175 / 4429
CASE C-119/17, LUPEAN AND LUPEAN
Abusive clauses in contracts concluded with consumers / 4440
Sibiu Tribunal, Civil Section II, of administrative and fiscal contentious, Conclusion of December 15, 2016/4440
127.2. CJ, Ordinance of 22 February 2018, EU: C: 2018: 103/4447
Sibiu Tribunal, Civil Section II, of administrative and / fiscal contentious, / Sentence / no. / 276 / din / 31 / mai / 2018, RO: TBSIB: 2018: 004.000276 / 4454
Alba Iulia Court of Appeal, Second Civil Section, Decision no. 95 of March 7, 2019, RO: CAALB: 2019: 039.000095 .... / 4459
CASE C-133/17, PODILA AND OTHERS
Safety and health of workers at work; employment as a job that exposes workers to special or special conditions / 4474
Cluj Court of Appeal, Civil Section I, Conclusion of January 16, 2017/4474
128.2. CJ, Decision of March 21, 2018, EU: C: 2018: 203/4483
128.3. Cluj Court of Appeal, Section IV for labor and social insurance disputes, Civil Decision no. 1619 / A of 19 November
2018, RO: CACLJ: 2018: 066.001619 / 4493
CASE C-134/17, MUCEA
Safety and health of workers at work; employment as a job that exposes workers to special or special conditions / 4505
Cluj Court of Appeal, Civil Section I, Conclusion of January 16, 2017 .. / 4505
129.2. CJ, Decision of March 21, 2018, EU: C: 2018: 203/4522
Constitutional Court, Decision no. 655 of October 30, 2018/4532
Cluj Court of Appeal, Section IV for labor and social insurance disputes, Civil Decision no. 291 / A of 25 February 2019, RO: CACLJ: 2019: 066.000291 / 4543
CASE C-147/17, CONSTANTA FAMILY TRADE UNION AND OTHERS
Social policy / 4563
Constanta Court of Appeal, Civil Section I, Conclusion of February 8, 2017/4563
Opinion of Advocate General Nils Wahl delivered on 28 June 2018, EU: C: 2018: 518/4579
130.3. CJ, Decision of November 20, 2018, EU: C: 2018: 926/4599
CASE C-159/17, DOUBLE
Common system of value added tax (VAT); non-recognition of the right to deduct VAT / 4619
Constanta Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of February 8, 2017/4619
131.2. CJ, Decision of March 7, 2018, EU: C: 2018: 161/4631
131.3. Constanta Court of Appeal, Civil Section II, of administrative and fiscal contentious, Civil Decision no. 936 / CA of June 28e 2018, RO: CACTA: 2018: 017.000936 / 4639
CASE C-211/17, TOPAZ
Consumer's protection; approximation of laws / 4648
Bacau Court of Appeal, Civil Section I, Conclusion of November 24, 2016/4648
CASE C-392/17, ORADEA ENERGY TRADE UNION
Social policy; approximation of laws / 4662
Oradea Court of Appeal, Civil Section I, Conclusion of March 20, 2017/4662
CJ, Ordinance of the President of the Court of June 15, 2018, EU: C: 2018: 491/4699
Oradea Court of Appeal, Civil Decision no. 492 / A / 2018 of May 25, 2018, RO: CAORA: 2018: 002.000492 / 4700
CASE C-400/17, SCRIPNIC AND OTHERS
Consumer protection / 4715
Dolj Tribunal, Civil Section II, Conclusion of April 27, 2017/4715
Dolj Tribunal, Civil Section II, Preliminary reference to the CJ .... / 4720
CJ, Ordinance of the President of the CJ of October 30, 2017, EU: C: 2017: 832 ..... / 4727
Dolj Tribunal, Civil Section II, Civil Decision no. 224 of March 8, 2018, RO: TBDLJ: 2018: 186.000224 ..... / 4728
The ninth volume of the repertoire of files on preliminary references from Romania - Some introductory clarifications / IX
List of abbreviations and acronyms used / XI
CASE C-12/17, DICU
Social policy; organization of working time; the right to paid annual leave / 4245
Cluj Court of Appeal, Civil Section I, Conclusion of October 11, 2016/4245
Opinion of Mr Advocate General Paolo Mengozzi delivered on 20 March 2018, EU: C: 2018: 195/4259
CJ, Decision of October 4, 2018, EU: C: 2018: 799/4270
Cluj Court of Appeal, Civil Section I, Civil Decision no. 1482 / A of October 29, 2018, RO: CACLJ: 2018: 066.001482. / 4278
CASE C-69/17, SIEMENS GAMESA RENEWABLE ENERGY ROMANIA
Taxation; value added tax / 4292
Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of November 16, 2016/4292
Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of November 8, 2017/4304
CJ, Decision of 12 September 2018, EU: C: 2018: 703/4306
Bucharest Court of Appeal, Section VIII administrative and fiscal contentious, Civil sentence no. 5544 of December 28, 2018, RO: CABUC: 2018: 023.005544 / 4315
CASE C-76/17, PETROTEL LUKOIL AND GEORGESCU Fee with effect equivalent to customs duties;
the tax applied to exported petroleum products. / 4338
High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of 17 November 2016/4338
124.2. CJ, Decision of March 1, 2018, EU: C: 2018: 139/4352
124.3. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Decision no. 3471 of October 22, 2018/4360
CASE C-81/17, ZABRUS SIRET
Taxation; value added tax / 4381
Suceava Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion of January 23, 2017 ..... / 4381
125.2. CJ, Decision of April 26, 2018, EU: C: 2018: 283/4390
125.3. Suceava Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 2556 of June 18, 2018, RO: CASVA: 2018: 036.002556 / 4401
CASE C-104/17, CALI ESPROU
Waste recovery and recycling; contribution to a national environmental fund; the "polluter pays" principle / 4413
Pitesti Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of February 2, 2017/4413
126.2. CJ, Decision of March 15, 2018, EU: C: 2018: 188/4421
126.3. Pitesti Court of Appeal, Civil Section II, of administrative and fiscal contentious, Decision no. 1175 / R-CONT of 17 May
2018, RO: CAPIT: 2018: 002.001175 / 4429
CASE C-119/17, LUPEAN AND LUPEAN
Abusive clauses in contracts concluded with consumers / 4440
Sibiu Tribunal, Civil Section II, of administrative and fiscal contentious, Conclusion of December 15, 2016/4440
127.2. CJ, Ordinance of 22 February 2018, EU: C: 2018: 103/4447
Sibiu Tribunal, Civil Section II, of administrative and / fiscal contentious, / Sentence / no. / 276 / din / 31 / mai / 2018, RO: TBSIB: 2018: 004.000276 / 4454
Alba Iulia Court of Appeal, Second Civil Section, Decision no. 95 of March 7, 2019, RO: CAALB: 2019: 039.000095 .... / 4459
CASE C-133/17, PODILA AND OTHERS
Safety and health of workers at work; employment as a job that exposes workers to special or special conditions / 4474
Cluj Court of Appeal, Civil Section I, Conclusion of January 16, 2017/4474
128.2. CJ, Decision of March 21, 2018, EU: C: 2018: 203/4483
128.3. Cluj Court of Appeal, Section IV for labor and social insurance disputes, Civil Decision no. 1619 / A of 19 November
2018, RO: CACLJ: 2018: 066.001619 / 4493
CASE C-134/17, MUCEA
Safety and health of workers at work; employment as a job that exposes workers to special or special conditions / 4505
Cluj Court of Appeal, Civil Section I, Conclusion of January 16, 2017 .. / 4505
129.2. CJ, Decision of March 21, 2018, EU: C: 2018: 203/4522
Constitutional Court, Decision no. 655 of October 30, 2018/4532
Cluj Court of Appeal, Section IV for labor and social insurance disputes, Civil Decision no. 291 / A of 25 February 2019, RO: CACLJ: 2019: 066.000291 / 4543
CASE C-147/17, CONSTANTA FAMILY TRADE UNION AND OTHERS
Social policy / 4563
Constanta Court of Appeal, Civil Section I, Conclusion of February 8, 2017/4563
Opinion of Advocate General Nils Wahl delivered on 28 June 2018, EU: C: 2018: 518/4579
130.3. CJ, Decision of November 20, 2018, EU: C: 2018: 926/4599
CASE C-159/17, DOUBLE
Common system of value added tax (VAT); non-recognition of the right to deduct VAT / 4619
Constanta Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of February 8, 2017/4619
131.2. CJ, Decision of March 7, 2018, EU: C: 2018: 161/4631
131.3. Constanta Court of Appeal, Civil Section II, of administrative and fiscal contentious, Civil Decision no. 936 / CA of June 28e 2018, RO: CACTA: 2018: 017.000936 / 4639
CASE C-211/17, TOPAZ
Consumer's protection; approximation of laws / 4648
Bacau Court of Appeal, Civil Section I, Conclusion of November 24, 2016/4648
CASE C-392/17, ORADEA ENERGY TRADE UNION
Social policy; approximation of laws / 4662
Oradea Court of Appeal, Civil Section I, Conclusion of March 20, 2017/4662
CJ, Ordinance of the President of the Court of June 15, 2018, EU: C: 2018: 491/4699
Oradea Court of Appeal, Civil Decision no. 492 / A / 2018 of May 25, 2018, RO: CAORA: 2018: 002.000492 / 4700
CASE C-400/17, SCRIPNIC AND OTHERS
Consumer protection / 4715
Dolj Tribunal, Civil Section II, Conclusion of April 27, 2017/4715
Dolj Tribunal, Civil Section II, Preliminary reference to the CJ .... / 4720
CJ, Ordinance of the President of the CJ of October 30, 2017, EU: C: 2017: 832 ..... / 4727
Dolj Tribunal, Civil Section II, Civil Decision no. 224 of March 8, 2018, RO: TBDLJ: 2018: 186.000224 ..... / 4728
The ninth volume of the repertoire of files regarding preliminary references from Romania -
Some introductory clarifications
Some introductory clarifications
The ninth volume of the Preliminary References of the Romanian courts to the CJEU. Case law annotated (2017) includes 13 cases, as follows: Case C-12/17, Dicu (social policy; organization of working time; right to paid annual leave), Case C-69/17, Siemens Gamesa Renewable Energy Romania (taxation; value added tax), case C-76/17, Petrotel Lukoil and Georgescu (tax with effect equivalent to customs duties; tax applied to exported petroleum products), case C-81/17, Zabrus Siret (taxation; value added), case C-104/17, Cali Esprou (recovery and recycling of waste; contribution to a national environmental fund; "polluter pays" principle), case C-119/17, Lupean and Lupean (abusive clauses in contracts with Case C-133/17, Podila and Others and Case C-134/17, Mucea (both, safety and health of workers at work; employment as a job which exposes workers to special or special conditions, case C-147/17, Constanta Family Union and others (police as social security), Case C-159/17, Dobre (common system of value added tax; non-recognition of the right to deduct VAT), case C-211/17, Topaz (consumer protection; approximation of laws), case C-392/17, Oradea Energy Union (social policy; approximation of laws), case C-400/17, Scripnic and others (consumer protection).
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).
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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