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

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Publisher: Universitară

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

ISBN: 978-606-28-0053-6

DOI: 10.5682/9786062800536

Publisher year: 2014

Edition: I

Pages: 522

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This volume concludes the presentation of the preliminary decision requests formulated by the Romanian courts between 2007 and 2013. A separate volume will present the requests addressed by the Romanian courts during 2014.

The third volume of the Preliminary References of the Romanian courts to the CJEU. Collection annotated by jurisprudence (2007-2013) includes 24 cases, as follows: case C-369/12, National Police Corps (salary reductions in case of civil servants and paid staff in the budget sector); case C-424/12, Fatorie (value added tax); Case C-430/12, Luca (social security; hospital care provided in another Member State); case C-431/12, Steaua Romana Refinery (value added tax); case C-97/13, Campean I (pollution tax); case C-143/13, Matei and Matei (abusive clauses in contracts concluded with consumers); case C-214/13, Ciocoiu (pollution tax); Case C-268/13,

Petru (social security for migrant workers, reimbursement of expenses related to medical treatment abroad); Case C-304/13, APIA - Timis (support schemes under the common agricultural policy); Case C-312/13, Red (value added tax); case C-313/13, Ienciu (value added tax); case C-331/13, Nicula (pollution tax for motor vehicles; refund); case C-371/13, SC Schuster & Co Ecologic (insolvency proceedings); case C-401/13, Balazs (social security rights); case C-432/13, Balazs (social security rights); case C-438/13, BCR Leasing (value added tax); Case C-444/13, Solyom and Solyom (value added tax); case C-598/13, Guletsou (social security rights); Case C-635/13, Alka (Common Customs Tariff); case C-646/13, E.S. (social insurance rights); Case C-668/13, Paraskevopoulou (social security rights); Case C-13/14 Piatra Neamt Municipality (protection of the European Union's financial interests); case C-262/14 Union of Military Personnel Available in Reserve and Retirement (ban on cumulation of pension with salary for budget staff) and case Sigmirean et al. (abusive clauses in contracts with consumers), the latter not registered with the CJEU, Prior to its effective communication to the CJEU, it found, surprisingly, that the answer was no longer necessary for the resolution of the dispute

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 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 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 November 1, 2014.

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

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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.

Content
The third 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

CASE C-369/12, NATIONAL POLICE BODY / 1295
Salary reductions in the case of civil servants and paid staff in the budget sector / 1295

Brasov Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion of June 27, 2012/1295
Ordinance of the CJEU (Ninth Chamber) of 15 November 2012, not yet published in the Repertory of jurisprudence / 1310
Brasov Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 5540 / R of 18 December 2012/1313

CASE C-424/12, FATORIE / 1342
Value added tax / 1342

Oradea Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of June 26, 2012/1342
CJ, Decision of February 6, 2014/1347
Oradea Court of Appeal, Civil Section II, of administrative and fiscal contentious, Decision no. 865 / CA / 2014 - R of April 7, 2014/1356

CASE C-430/12, LUCA / 1373
Social Security. Hospital care provided in another Member State / 1373

Bacau Court of Appeal, Civil Section I, Conclusion of September 10, 2012/1373
CJEU Ordinance (Eighth Chamber) of 11 July 2013, not yet published in the Court Reports / 1382
Bacau Court of Appeal, Civil Section I, Decision no. 1521 of 28 October 2013/1391

CASE C-431/12, STEAUA ROMANA REFINERY / 1401
Value added tax / 1401

Bucharest Court of Appeal, Section VIII administrative and fiscal contentious, Civil sentence no. 1069 of February 14, 2011/1401
High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of 26 April 2012/1433
High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of 21 June 2012/1435
Judgment of the CJEU (Tenth Chamber) of 24 October 2013, not yet published in the Court Reports / 1446
High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Decision no. 7712 of 12 December 2013/1451

CASE C-97/13, CAMPEAN / 1461
Pollution tax / 1461

Sibiu Tribunal, Civil Section II, of administrative and fiscal contentious, Conclusion of November 15, 2012/1461
CJ, Ordinance of February 3, 2014/1466

CASE C-143/13, MATEI AND MATEI / 1473
Abusive clauses in contracts concluded with consumers / 1473

Cluj Specialized Tribunal, Conclusion of November 26, 2012/1473
Cluj Specialized Tribunal, Civil Decision no. 416 of 17 June 2013/1490

CASE C-214/13, CIOCOIU / 1521
Pollution tax / 1521

Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of March 13, 2013 1521 CJ, Ordinance of February 3, 2014/1531
Bucharest Court of Appeal, Section VIII administrative and fiscal contentious, Civil Decision no. 2558 of March 31, 2014/1532

CASE C-268/13, PETRU / 1540
Social security for migrant workers; reimbursement of expenses related to medical treatment abroad / 1540

Sibiu Tribunal, Civil Section I, Conclusion of May 7, 2013/1540
CJ, Conclusions of the Advocate General / 1545

CASE C-304/13, APIA - TIMIS / 1553
Support schemes under the common agricultural policy / 1553

Timis Tribunal, Administrative and Fiscal Litigation Section, Conclusion of May 15, 2013/1553

CASE C-312/13, RED / 1556
Value added tax / 1556

Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion no. 13 of October 12, 2012/1556
Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 524 of January 29, 2014/1564
CJ, Ordinance of the President of the Court of February 20, 2014/1570

CASE C-313/13, IENCIU / 1572
Value added tax / 1572

Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion no. 13 of October 12, 2012/1572
Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 525 of January 29, 2014/1581
CJ, Ordinance of the President of the Court of February 20, 2014/1595
Sibiu Tribunal, Administrative and Fiscal Litigation Section, Conclusion of June 23, 2014/1596

CASE C-331/13, NICULA / 1603
Vehicle pollution tax. Return / 1603

Sibiu Tribunal, Second Civil Section, of administrative and fiscal contentious, Conclusion of May 30, 2013/1603
Opinion of Mr Advocate General 1609

CASE C-371/13, SC SCHUSTER & CO ECOLOGIC / 1617
Insolvency proceedings / 1617

Sibiu Tribunal, Civil Section II, of administrative and fiscal contentious, Conclusion of March 28, 2013/1617
CJEU Ordinance (Sixth Chamber) of 7 November 2013, not yet published in the Court Reports / 1621
Sibiu Tribunal, Second Civil Section, of administrative and fiscal contentious, Conclusion of December 12, 2013/1624

CASE C-401/13, BALAZS / 1625
Cluj Court of Appeal, Civil Section I, Incheicivil law of July 2, 2013/1625


CASE C-432/13, BALAZS / 1635
Social insurance rights / 1635

Cluj Court of Appeal, Civil Section I, Civil Conclusion of June 27, 2013/1635

CASE C-438/13, BCR LEASING / 1644
Value added tax / 1644

Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of December 17, 2012/1644
Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of March 11, 2013/1656
Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of April 9, 2013/1657
Judgment of the Court (Seventh Chamber) of 17 July 2014/1673

CASE C-444/13, SOLYOM AND SOLYOM / 1681
Value added tax / 1681

Brasov Tribunal, Second Civil Section, of administrative and fiscal contentious, Conclusion of October 3, 2012/1681
Brasov Tribunal, Second Civil Section, of administrative and fiscal contentious, sentence no. 6236 of 6 December 2013/1688
Ordinance of the president of the court January 16, 2014 „Radiere” / 1696

CASE C-598/13, GULETSOU / 1698
Social insurance rights / 1698

Suceava Court of Appeal, Civil Section I, Conclusion of November 5, 2013/1698

CASE C-635/13, ALKA / 1707
Common Customs Tariff / 1707

Bucharest Tribunal, Section IX administrative and fiscal contentious, Conclusion of April 17, 2013/1707

CASE C-646/13, E.S. / 1711
Social insurance rights / 1711

Galati Court of Appeal, Labor Conflicts and Social Insurance Section, Conclusion of October 23, 2013/1711
CASE C-668/13, PARASKEVOPOULOU / 1722
Social insurance rights / 1722
Suceava Court of Appeal, Civil Section I, Conclusion of November 26, 2013/1722

CASE C-13/14 PIATRA NEAMT MUNICIPALITY / 1731
Protection of the financial interests of the European Union / 1731

Bacau Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Conclusion of 17 December 2013/1731
Order of the Court (Eighth Chamber), 12 June 2014/1734

CAUSE TRADE UNION OF MILITARY STAFF AVAILABLE IN RESERVE AND WITHDRAWAL / 1737
Prohibition of the cumulation of the pension with the salary for the budgetary staff / 1737

Neamt Tribunal, Civil Section I, Conclusion of July 18, 2012/1737
Neamt Tribunal, Civil Section I, Conclusion of June 16, 2014/1749

BONUS - A SENDER WHO HAS NOT REACHED THE RECIPIENT CAUSE SIGMIREAN AND OTHERS / 1751
Abusive clauses in contracts concluded with consumers / 1751
Mures Specialized Tribunal, Conclusion no. 1847 of 16 December 2011/1751
Mures Specialized Tribunal, Conclusion no. 1406 of 16 November 2012/1754
Mures Specialized Tribunal, Conclusion of August 23, 2013/1756
Mures Specialized Court, Conclusion of September 20, 2013/1758
Mures Specialized Court, Conclusion of October 11, 2013/1763

This volume concludes the presentation of the preliminary decision requests formulated by the Romanian courts between 2007 and 2013. A separate volume will present the requests addressed by the Romanian courts during 2014.

The third volume of the Preliminary References of the Romanian courts to the CJEU. Collection annotated by jurisprudence (2007-2013) includes 24 cases, as follows: case C-369/12, National Police Corps (salary reductions in case of civil servants and paid staff in the budget sector); case C-424/12, Fatorie (value added tax); Case C-430/12, Luca (social security; hospital care provided in another Member State); case C-431/12, Steaua Romana Refinery (value added tax); case C-97/13, Campean I (pollution tax); case C-143/13, Matei and Matei (abusive clauses in contracts concluded with consumers); case C-214/13, Ciocoiu (pollution tax); Case C-268/13,

Petru (social security for migrant workers, reimbursement of expenses related to medical treatment abroad); Case C-304/13, APIA - Timis (support schemes under the common agricultural policy); Case C-312/13, Red (value added tax); case C-313/13, Ienciu (value added tax); case C-331/13, Nicula (pollution tax for motor vehicles; refund); case C-371/13, SC Schuster & Co Ecologic (insolvency proceedings); case C-401/13, Balazs (social security rights); case C-432/13, Balazs (social security rights); case C-438/13, BCR Leasing (value added tax); Case C-444/13, Solyom and Solyom (value added tax); case C-598/13, Guletsou (social security rights); Case C-635/13, Alka (Common Customs Tariff); case C-646/13, E.S. (social insurance rights); Case C-668/13, Paraskevopoulou (social security rights); Case C-13/14 Piatra Neamt Municipality (protection of the European Union's financial interests); case C-262/14 Union of Military Personnel Available in Reserve and Retirement (ban on cumulation of pension with salary for budget staff) and case Sigmirean et al. (abusive clauses in contracts with consumers), the latter not registered with the CJEU, Prior to its effective communication to the CJEU, it found, surprisingly, that the answer was no longer necessary for the resolution of the dispute

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 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 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 November 1, 2014.

 
Mihai SANDRU
Mihai BANU
Dragos CALIN

www.editurauniversitara.ro

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