Editura Universitara Preliminary referrals of Romanian courts to the CJEU. Collection annotated by jurisprudence (2014-2016), vol V

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70,00 Lei 51,10 Lei

ISBN: 978-606-28-0702-3

DOI: 10.5682/9786062807023

Publisher year: 2018

Pages: 475

Publisher: Universitară

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

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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, along with the decisions handed down by the Court of Justice. The approach 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 jurisprudence (2014-2016) includes nine cases, as follows: case C-258/14, Florescu and others (principles, objectives and missions of the treaties; social policy); case C-260/14, Neamt County (protection of the financial interests of the European Union); case C-261/14, Bacau County (protection of the financial interests of the European Union); Case C-262/14, SCMD (equal treatment in terms of employment and occupation); Case C-278/14, Enterprise Focused Solutions; Case C-288/14, Ciup (principles, objectives and missions of the Treaties; refund of the pollution tax); Case C-305/14, Babasan (principles, objectives and tasks of the Treaties; Charter of Fundamental Rights of the European Union); Case C-348/14, Bucura (consumer protection); case C-354/14, Capoda Import-Export (free movement of goods).
Coordinators
  • Preliminary referrals of Romanian courts to the CJEU. Collection annotated by jurisprudence (2014-2016), vol V

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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 Leather Court, 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 fifth volume of the repertoire of files on preliminary references from Romania - Some introductory clarifications

List of abbreviations and acronyms used

72. CASE C-258/14, FLORESCU AND OTHERS

Principles, objectives and missions of the treaties; social policy
72.1. Alba Iulia Court of Appeal, Section for labor disputes and social insurance, Conclusion of April 3, 2014
72.2. Opinion of Mr Advocate General delivered on 21 December 2016, EU: C: 2016: 995
72.3. CJ, Decision of 13 June 2017, EU: C: 2017: 448
72.4. Alba Iulia Court of Appeal, Civil Section I, Civil Decision no. 129 of September 20, 2017

73. CASE C-260/14, NEAMT COUNTY
Protection of the financial interests of the European Union
73.1. Bacau Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Request for a preliminary ruling of May 8, 2014
73.2. Bacau Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of May 8, 2014
73.3. Constitutional Court, Decision no. 66 of February 26, 2015
73.4. CJ, Decision of 26 May 2016, EU: C: 2016: 360
73.5. Bacau Court of Appeal, Civil Section II, of administrative and fiscal contentious, Sentence no. 73 of August 3, 2016

74. CASE C-261/14, BACAU COUNTY
Protection of the financial interests of the European Union
74.1. Bacau Court of Appeal, Civil Section II, of administrative and fiscal contentious, Request for a preliminary ruling of May 8, 2014
74.2. CJ, Decision of May 26, 2016, EU: C: 2016: 360
74.3. Bacau Court of Appeal, Civil Section II, of administrative and fiscal contentious, Sentence no. 91 of September 29, 2016

75. CASE C-262/14, SCMD
Equal treatment at work
75.1. Neamt Tribunal, Civil Section I, Conclusion of July 18, 2012.
75.2. CJ, Decision of 21 May 2015, EU: C: 2015: 336
75.3. Neamt Tribunal, Civil Section I, Conclusion of September 28, 2015
75.4. Neamt Tribunal, Civil Section I, Civil Sentence no. 1711 of November 14, 2016

CASE C-278/14, FOCUSED SOLUTIONS COMPANY
Public procurement
Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion of March 21, 2014
CJ, Decision of 16 April 2015, EU: C: 2015: 228
Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 1865 of May 20, 2015

77. CASE C-288/14, CIUP
Principles, objectives and missions of the treaties; refund of the pollution tax
Timis Tribunal, Administrative and Fiscal Litigation Section, Conclusion of March 24, 2014
Timis Court, Administrative and Fiscal Litigation Section, Reference for a preliminary ruling
Constitutional Court, Decision no. 676 of November 13, 2014
CJ, Opinion of the Advocate General delivered on 18 February 2016, EU: C: 2016: 99
77.5. CJ, Decision of 30 June 2016, EU: C: 2016: 495
Timis Tribunal, Administrative and Fiscal Litigation Section, Civil Sentence no. 2111 of October 20, 2016
Timisoara Court of Appeal, Administrative and Fiscal Litigation Section, Civil Decision no. 3188 of 22 May 2017

CASE C-305/14, BABASAN
Principles, objectives and missions of the treaties; Charter of Fundamental Rights of the European Union
Satu Mare Tribunal, Second Civil Section, of administrative and fiscal contentious, Conclusion of March 7, 2014
CJ, Ordinance of February 10, 2015, EU: C: 2015: 97
Satu Mare Tribunal, Second Civil Section, of administrative and fiscal contentious, Civil Decision no. 22 / R-CA of April 24, 2015

79. CASE C-348/14, BUCHAREST
Consumer's protection
Campulung District Court, Reference for a preliminary ruling from 27 June 2014
Campulung District Court, Conclusion of October 17, 2014
CJ, Decision of 9 July 2015, EU: C: 2015: 44
Campulung Court, Civil sentence no. 1990 of October 22, 2015
Arges Tribunal, Civil Section, Civil Decision no. 417 of June 8, 2016

CASE C-354/14, CAPODA IMPORT-EXPORT
Free movement of goods
Cluj Tribunal, Joint Section for Administrative and Fiscal Litigation, Labor Disputes and Social Insurance, Conclusion of June 18, 2014
CJ, Decision of 6 October 2015, EU: C: 2015: 658
Cluj Tribunal, Joint Section for Administrative and Fiscal Litigation, Labor Disputes and Social Insurance, Civil Decision no. 396 of November 18, 2015

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

The fifth volume of the Preliminary References of the Romanian courts to the CJEU.

Collection annotated by jurisprudence (2014-2016) includes nine cases, as follows: case C-258/14, Florescu and others (principles, objectives and missions of the treaties; social policy); case C-260/14, Neamt County (protection of the financial interests of the European Union); case C-261/14, Bacau County (protection of the financial interests of the European Union); Case C-262/14, SCMD (equal treatment in terms of employment and occupation); Case C-278/14, Enterprise Focused Solutions (public procurement); case C-288/14, Ciup (principles, objectives and missions of the treaties; refund of the pollution tax); Case C-305/14, Babasan (principles, objectives and tasks of the Treaties; Charter of Fundamental Rights of the European Union); Case C-348/14, Bucura (consumer protection); case C-354/14, Capoda Import-Export (free movement of goods).

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 have taken into account the legislative, doctrinal and jurisprudence evolutions until December 20, 2017.
Mihai SANDRU
Mihai BANU
Dragos CALIN

www.editurauniversitara.ro

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