Editura Universitara Preliminary references from courts and tribunals of Romania to the CJEU. Annotated directory of case law (2007-2013), Vol. II

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Publisher: Universitară

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

ISBN: 978-606-591-985-3

DOI: 10.5682/9786065919853

Publisher year: 2014

Edition: I

Pages: 540

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

The second volume of the Preliminary References of the Romanian courts to the CJEU. A collection annotated by case law (2007-2013) includes 18 cases, as follows: case C-396/11, Radu (European arrest warrant and surrender procedures between Member States); case C-434/11, National Police Corps (salary reductions for civil servants and paid staff in the budget sector); Case C-462/11, Cozman (salary reductions for civil servants and paid staff in the budget sector); case C-483/11, Boncea and others (compensation for political convictions during the communist regime); Case C-484/11, Budan (compensation for political convictions during the communist regime); case C-565/11, Irimie (pollution tax on the occasion of the first registration); case C-571/11, SC Volksbank Romania (abusive clauses in contracts concluded with consumers); Case C-627/11, Augustus (Structural Funds); Case C-663/11, Scandic Distilleries; case C-79/12, Mora IPR (value added tax); Case C-81/12, Accept Association (discrimination on grounds of sexual orientation); case C-108/12, SC Volksbank Romania (abusive clauses in contracts concluded with consumers); case C-123/12, SC Volksbank Romania (abusive clauses in contracts concluded with consumers); case C-134/12, National Police Corps (salary reductions for civil servants and paid staff in the budget sector); case C-236/12, SC Volksbank Romania (abusive clauses in contracts concluded with consumers); connected cases C-249/12 and C-250/12, Tulica and Plavosin (value added tax); Case C-323/12, E. ON Global Commodities (formerly E.ON Energy Trading) (value added tax).

I presented in each case the decisions of the Romanian courts, together with the decisions pronounced by the Court of Justice; the only case in this volume in which we have included documents from two related cases is Tulica and Plavosin, while the Boncea and Budan cases, although connected at the level of the Court of Justice, were presented separately.

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 references1 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.

It should be mentioned that, during 2014, at the level of the Court of Justice of the European Union, a new way of citing case law began to be used, following the so-called “European case law identifier” - ECLI (European Case Law Identifier) ​​2 ; we also used, in this second volume, this new citation system.

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 evolutions until October 15, 2014.

Mihai SANDRU
Mihai BANU
Dragos CALIN
  • Trimiterile preliminare ale instantelor din Romania la CJUE. Culegere adnotata de jurisprudenta (2007-2013). Vol. II

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Daniel-Mihail Sandru
University professor at the University of Bucharest, "Dimitrie Cantemir" Christian University. He founded and coordinates the Center for European Law Studies of the Institute for Legal Research "Acad. Andrei Radulescu ”of the Romanian Academy. Ad hoc judge at the European Court of Human Rights and arbitrator at the International Commercial Arbitration Court attached to the Romanian Chamber of Commerce and Industry. President of the Society of Legal Sciences and of the Romanian Association of European Law and Affairs. Editor-in-Chief of the Romanian Journal of European Law (Wolters Kluwer).


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.

The second volume of the repertoire of files regarding the preliminary references from Romania - Some introductory clarifications / IX
List of abbreviations and acronyms used / XI
The table of cases coming from Romanian courts / XV

23. CASE C-396/11, RADU / 775
European arrest warrant and surrender procedures between Member States / 775

23.1. Constanta Court of Appeal, Criminal Section and for criminal cases with minors and family, Conclusion of May 18, 2011/775
23.2. CJ, Decision of January 29, 2013, not yet published in Rep / 792
23.3. Constanta Court of Appeal, Criminal Section and for criminal cases with minors and family, Criminal sentence no. 26 / P of 11 March 2013/802
23.4. High Court of Cassation and Justice, Criminal Section, Criminal Decision no. 2372 of 17 July 2013/807

24. CASE C-434/11, NATIONAL POLICE BODY / 815
Salary reductions in the case of civil servants and paid staff in the budget sector / 815

24.1. Alba Court, Commercial Section and Administrative Litigation, Conclusion no. 1389 / CAF / 20 June 2011/815
24.2. CJ, Ordinance of December 14, 2011, unpublished in Rep / 818
24.3. Alba Tribunal, Civil Section II, of administrative and fiscal contentious, Administrative sentence no. 3674 / CAF of April 9, 2012/821
24.4. Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Administrative and Fiscal Litigation Section, Decision no. 8704 of 5 December 2012/829

25. CASE C-462/11, COZMAN / 840
Salary reductions in the case of civil servants and paid staff in the budget sector / 840

25.1. Dambovita Tribunal, Civil Section, reference for a preliminary ruling from 7 February 2011/840
25.2. CJ, Ordinance of December 14, 2011, not yet published in Rep / 846
25.3. Dambovita Tribunal, Civil Section, Sentence no. 338 of 14 February 2012/848

26. CASE C-483/11, BONCEA AND OTHERS / 853
Compensation for political convictions during the communist regime / 853

26.1. Arges Tribunal, Civil Section, Conclusion of April 4, 2011/853
26.2. CJ, Ordinance of December 14, 2011, not yet published in Rep./859
26.3. Arges Tribunal, Civil Section, Civil Sentence no. 102 of 19 March 2012/864

27. CASE C-484/11, BUDAN / 871
Compensation for political convictions during the communist regime / 871

27.1. Arges Tribunal, Civil Section, Conclusion of July 4, 2011/871
27.2. CJ, Ordinance of December 14, 2011, not yet published in Rep./874
27.3. Arges Tribunal, Civil Section, Civil Sentence no. 123 of 2 April 2012/879
27.4. Pitesti Court of Appeal, Civil Section I, Civil Decision no. 2700 of 3 December 2012/885

28. CASE C-565/11, IRIMIE / 889
Pollution tax on the occasion of the first registration / 889

28.1. Sibiu Tribunal, Commercial and Administrative Litigation Section, Conclusion of July 14, 2011/889
28.2. Judgment of the CJEU (Third Chamber) of 18 April 2013, not yet published in the Court Reports / 893
28.3. Sibiu Tribunal, Second Civil Section, of administrative and fiscal contentious, Sentence no. 2781 of 13 June 2013/898
28.4. Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Civil Decision no. 13054 of 2 December 2013/902

29. CASE C-571/11, SC VOLKSBANK ROMANIA / 909
Abusive clauses in contracts concluded with consumers / 909

29.1. Cluj Commercial Court, Conclusion of September 19, 2011/909
29.2. Ordinance of the President of the Eighth Chamber of the CJEU of 16 November 2012, not yet published in the Repertory of Jurisprudence / 924
29.3. Cluj Specialized Tribunal, Civil Decision no. 403 / R of 8 October 2012/925

30. CASE C-627/11, AUGUSTUS / 930
Structural Funds / 930

30.1. Iasi Court of Appeal, Administrative and Fiscal Litigation Section, Sentence no. 213 / CA / 27 September 2010/930
30.2. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of November 3, 2011/939
30.3. CJEU Ordinance (Ninth Chamber) of 27 November 2012, not yet published in the Repertory of jurisprudence / 946
30.4. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Decision no. 627 of 7 February 2013/949

31. CASE C-663/11, SCANDIC DISTILLERIES / 957
Return excise duty / 957

31.1. Oradea Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of December 8, 2011/957
31.2. Oradea Court of Appeal Second Civil Section, of administrative and fiscal contentious, Conclusion of January 9, 2012/965
31.3. Judgment of the CJEU (Fifth Chamber) of 30 May 2013, not yet published in the Court Reports / 966
31.4. Oradea Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Decision no. 3091 / CA / 11 September 2013/976

32. CASE C-79/12, MORA IPR / 985
Value added tax / 985

32.1. Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion of 12 October 2011/985
32.2. Judgment of the CJEU (Eighth Chamber) of 21 February February 2013, not yet published in the Repertory of Jurisprudence / 996
32.3. Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Sentence no. 307 / CA of 20 November 2013/1003

33. CASE C-81/12, ACCEPT / 1009 ASSOCIATION
Discrimination on grounds of sexual orientation / 1009

33.1. Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of September 7, 2011/1009
33.2. Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of October 12, 2011/1011
33.3. Judgment of the Court, Conclusion of 25 April 2013/1021
33.4. Bucharest Court of Appeal, Section VIII administrative and fiscal contentious, Conclusion of December 23, 2013/1035

34. CASE C-108/12, SC VOLKSBANK ROMANIA / 1046
Abusive clauses in contracts concluded with consumers i / 1046

34.1. Craiova Court, Civil Section, Commercial Sentence no. 5670 of 25 March 2011/1046
34.2. Valcea Tribunal - Second Civil Section, of administrative and fiscal contentious, Conclusion no. 2 of February 2, 2012/1050
34.3. Ordinance of the President of the CJEU of 2 May 2012 "Connection" / 1059
34.4. Ordinance of the President of the CJEU of August 6, 2012 "Disjunction" / 1060
34.5. Ordinance of the President of the fourth chamber of the CJEU of September 26, 2013 "Deletion", not yet published in the Repertory of jurisprudence / 1061
34.6. Valcea Tribunal - Civil Section II, Decision no. 928 of 30 May 2013/1062

35. CASE C-123/12, SC VOLKSBANK ROMANIA / 1067
Abusive clauses in contracts concluded with consumers / 1067

35.1. Giurgiu Court, Civil sentence no. 2411 of 22 April 2011/1067
35.2. Giurgiu Tribunal, Conclusion of December 15, 2011/1071
35.3. Ordinance of the President of the CJEU of May 2, 2012 "Connection" / 1080
35.4. Ordinance of the President of the CJEU of August 6, 2012 "Disjunction" / 1081
35.5. Ordinance of the President of the fourth chamber of the CJEU of 10 July 2013 "Deletion", not yet published in the Repertory of jurisprudence / 1082
35.6. Giurgiu Tribunal, Criminal Section - general cases, Civil Decision no. 708 / CAF of June 6, 2013/1082

36. Case C-134/12, National Police Corps / 1088
Salary reductions in the case of civil servants and paid staff in the budget sector / 1088

36.1. Tulcea Tribunal, Civil, Commercial and Administrative Litigation Section, Civil Sentence no. 1694 of 13 May 2011/1088
36.2. Constanta Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of February 8, 2012/1094
36.3. CJEU Ordinance (Sixth Chamber) of 10 May 2012, not yet published in the Court Reports / 1099
36.4. Constanta Court of Appeal, Civil Section II, of administrative and fiscal contentious, Civil Decision no. 319 / CA of 20 February 2013/1102

37. CASE C-236/12, SC VOLKSBANK ROMANIA / 1122
Abusive clauses in contracts concluded with consumers i / 1122

37.1. Pitesti Court, Civil Section, Civil Sentence no. 3178 of April 1, 2011/1122
37.2. Arges Tribunal, Civil Section, Conclusion of November 28, 2011/1125
37.3. Order of the President (Fourth Chamber), of 25 March 2014/1138
37.4. Arges Tribunal, Civil Section, Conclusion of June 10, 2011/1139

38. Case C-249/12 - Tulica and PlavoSin / 1143
38.1. Timisoara Court of Appeal, Administrative and Fiscal Litigation Section, Civil Sentence no. 27 of January 24, 2011/1143
38.2. Bucharest Court of Appeal, Section VIII administrative and fiscal contentious, Civil Decision no.1061 of 14 February 2011/1160
38.3. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of March 15, 2012/1187
38.4. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of March 15, 2012/1196
38.5. Ordinance of the President of the CJEU of 22 June 2012/1206
38.6. Judgment of the CJEU (Third Chamber) of 7 November 2013, not yet published Repertory of jurisprudence / 1207
38.7. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Decision no. 38 of January 10, 2014/1214
38.8. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of January 10, 2014/1225
38.9. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of March 13, 2014/1226
38.10. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of May 30, 2014/1232

39. CASE C-323/12, E. ON GLOBAL COMMODITIES (FORMER E. ON ENERGY TRADING) / 1243
Value added tax / 1243

39.1. Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of April 26, 2011/1243
39.2. Judgment of the Court (Tenth Chamber) of 6 February 2014/1259
39.3. Bucharest Court of Appeal, Section VIII administrative and fiscal contentious, Civil sentence no. 1188 of 10 April 2014/1269

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

The second volume of the Preliminary References of the Romanian courts to the CJEU. A collection annotated by case law (2007-2013) includes 18 cases, as follows: case C-396/11, Radu (European arrest warrant and surrender procedures between Member States); case C-434/11, National Police Corps (salary reductions for civil servants and paid staff in the budget sector); Case C-462/11, Cozman (salary reductions for civil servants and paid staff in the budget sector); case C-483/11, Boncea and others (compensation for political convictions during the communist regime); Case C-484/11, Budan (compensation for political convictions during the communist regime); case C-565/11, Irimie (pollution tax on the occasion of the first registration); case C-571/11, SC Volksbank Romania (abusive clauses in contracts concluded with consumers); Case C-627/11, Augustus (Structural Funds); Case C-663/11, Scandic Distilleries; case C-79/12, Mora IPR (value added tax); Case C-81/12, Accept Association (discrimination on grounds of sexual orientation); case C-108/12, SC Volksbank Romania (abusive clauses in contracts concluded with consumers); case C-123/12, SC Volksbank Romania (abusive clauses in contracts concluded with consumers); case C-134/12, National Police Corps (salary reductions for civil servants and paid staff in the budget sector); case C-236/12, SC Volksbank Romania (abusive clauses in contracts concluded with consumers); connected cases C-249/12 and C-250/12, Tulica and Plavosin (value added tax); Case C-323/12, E. ON Global Commodities (formerly E.ON Energy Trading) (value added tax).

I presented in each case the decisions of the Romanian courts, together with the decisions pronounced by the Court of Justice; the only case in this volume in which we have included documents from two related cases is Tulica and Plavosin, while the Boncea and Budan cases, although connected at the level of the Court of Justice, were presented separately.

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 references1 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.

It should be mentioned that, during 2014, at the level of the Court of Justice of the European Union, a new way of citing case law began to be used, following the so-called “European case law identifier” - ECLI (European Case Law Identifier) ​​2 ; we also used, in this second volume, this new citation system.

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 evolutions until October 15, 2014.

Mihai SANDRU
Mihai BANU
Dragos CALIN

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