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

-27%
80,00 Lei 58,40 Lei

ISBN: 978-606-28-0723-8

DOI: 10.5682/9786062807238

Publisher year: 2018

Pages: 562

Publisher: Universitară

Author: Dragos Calin, Mihai Sandru, Mihai Banu

In stock
Stock limit
- +
Add to cart
Product Code: 9786062807238 Do you need help? 0745 200 718 / 0745 200 357
Add to wishlist Request information
  • Description
  • Authors
  • Content
  • More details
  • Where to find it
  • Reviews (0)
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).

Case law annotated (2014-2016) includes 22 cases, as follows: case C-439/14, Star Storage (public procurement); case C-488/14, Max Boegl Romania and others (public procurement); case C-496/14, Vararu (principles, objectives and missions of the treaties; social security); case C-585/14, Chis (pollutant emissions tax); Case C-586/14, Budisan (environmental stamp for motor vehicles); case C-587/14, Moldovan (pollutant emissions tax); case C-588/14, Constantinescu (tax for polluting emissions); Case C-608/14, Pondiche (principles, objectives and missions of the Treaties; granting child-raising allowances); Case C-609/14, Nicula (principles, objectives and missions of the Treaties; environmental stamp); case C-73/15, Vicdantrans (environmental stamp for motor vehicles), case C-74/15, Tarcau (abusive clauses); case C-175/15, Taser International (judicial cooperation in civil matters); Case C-205/15, Thomas (Principles, objectives and tasks of the Treaties; the right to an effective remedy and to a fair trial); case C-212/15, ENEFI (judicial cooperation in civil matters; insolvency); case C-234/15, Doris Spedition (pollutant emissions tax); Case C-235/15, Bosneaga (environmental stamp for motor vehicles); Case C-236/15, Antoci (environmental stamp for motor vehicles); case C-241/15, Bob-Dogi (European arrest warrant); case C-245/15, Our House (transport; social policy); Case C-328/15, Tarsia (principles, objectives and missions of the Treaties; social policy); Case C-407/15, Ripanu (Charter of Fundamental Rights of the European Union); Case C-416/15, Selena Romania (trade policy; dumping).
Dragos Calin
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 Forum of Judges, member of the scientific college of the journal Jurisclasor ECHR, co-editor of the Journal - European Legal Affairs, founding member and co-chair from Romania (2007-present), member of the Board of Directors of GEMME Europe (May 2010-present), vice-president of GEMME Europe - European Grouping of Magistrates for Mediation (May 2010-May 2012), founding member of the CIMJ (International Conference of Mediation for Justice), October 2009, Paris


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

Content

The sixth volume of the repertoire of files regarding the preliminary references from Romania - Some introductory clarifications / XI

List of abbreviations and acronyms used / XIII

CASE C-439/14, STAR STORAGE / 2699

Public procurement / 2699
Ordinance / President of the CJ of November 13, 2014, EU: C: 2014: 2479/2699
Opinion of Mr Advocate General delivered on 28 April 2016, EU: C: 2016: 307/2170
CJ, Decision of 15 September 2016, EU: C: 2016: 688/2731
Bucharest Court of Appeal, Section VIII administrative and fiscal contentious, Civil Decision no. 5608 of 24 November 2016/2746

CASE C-488/14, MAX BOEGL ROMANIA AND OTHERS / 2750
Public procurement / 2750

Oradea Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Conclusion of October 8, 2014/2750
Ordinance / President of the CJ of December 10, 2014, EU: C: 2014: 2478/2770
Oradea Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion no. 122 / CA / 2015-R of 21 January 2015/2773
Opinion of Advocate General Eleanor Sharpston EU: C: 2016: 307/2783
CJ, Decision of 15 September 2016, EU: C: 2016: 688/2783

83. CASE C-496/14, VARARU / 2785
Principles, objectives and missions of the treaties; social security / 2785

83.1. Sibiu Tribunal, Civil Section I, Conclusion of October 9, 2014/2785
83.2. CJ, Ordinance of 7 May 2015, EU: C: 2015: 312/2790
83.3. Sibiu Tribunal, Civil Section I, Civil Decision no. 184 of 25 June 2015/2794

84. CASE C-585/14, CHIS / 2798
Pollutant emissions tax / 2798

Cluj Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of November 24, 2014/2798
CJ, Ordinance of 3 September 2015, EU: C: 2015: 592/2804
Cluj Court of Appeal, Civil Section II, of administrative and fiscal contentious, Civil Decision no. 6144 / R / 2015 of 12 October 2015/2809

CASE C-586/14, BUDISAN / 2816
Environmental stamp for motor vehicles / 2816

Cluj Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of November 24, 2014/2816
CJ, Decision of 9 June 2016, EU: C: 2016: 421/2822
Cluj Court of Appeal, Civil Section II, of administrative and fiscal contentious, Civil Decision no. 1253 of 26 September 2016/2832

CASE C-587/14, MOLDOVAN / 2837
Pollutant emissions tax / 2837

Cluj Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Conclusion of November 24, 2014/2837
CJ, Ordinance of September 3, 2015, EU: C: 2015: 592/2843
Cluj Court of Appeal, Civil Section II, of administrative and fiscal contentious, Civil Decision no. 6143 of 12 October 2015/2843

CASE C-588/14, CONSTANTINESCU / 2851
Pollutant emissions tax / 2851

Cluj Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Conclusion of November 24, 2014/2851
CJ, Ordinance of 3 September 2015, EU: C: 2015: 592/2857
Cluj Court of Appeal, Civil Section II, of administrative and fiscal contentious, Civil Decision no. 6594 of 19 October 2015/2857

CASE C-608/14, PONDICHE / 2863
Principles, objectives and missions of the treaties; granting child-raising allowances / 2863

Sibiu Tribunal, Civil Section I, Conclusion of November 20, 2014/2863
88.2. CJ, Ordinance of 7 May 2015, EU: C: 2015: 313/2872
88.3. Sibiu Tribunal, Civil Section I, Civil Decision no. 551 of 24 June 2015/2876

89. CASE C-609/14, NICULA / 2886
Principles, objectives and missions of the treaties; environmental stamp / 2886

Sibiu Tribunal, Civil Section II, of administrative and fiscal contentious, Conclusion of December 11, 2014/2886
CJ, Order of the President of the Ninth Chamber of the Court of / 22 September 2016, EU: C: 2016: 751/2892
Sibiu Tribunal, Second Civil Section, of administrative and fiscal contentious, Sentence no. 1053/2016 of 10 November 2016/2893
Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 1493 of 19 May 2017/2896

CASE C-73/15, VICDANTRANS / 290 3
Environmental stamp for motor vehicles / 2903

Oradea Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Conclusion of February 3, 2015/2903
Oradea Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Preliminary decision request / 2904
Oradea Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Decision no. 1678/2016-R of 13 September 2016/2912
CJ, Order of the President of the Court of 23 September 2016, EU: C: 2016: 752/2915

CASE C-74/15, TARCAU / 2916
Abusive clauses / 2916

Oradea Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Conclusion of February 5, 2015/2916
CJ, Ordinance of 19 November 2015, EU: C: 2015: 772/2919
Oradea Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Decision no. 52 / C / 2016-A of 18 February 2016 2924

CASE C-175/15, TASER INTERNATIONAL / 2943
Judicial cooperation in civil matters / 2943

High Court of Cassation and Justice, Civil Section I, Conclusion of December 5, 2014/2943
CJ, Decision of 17 March 2016, EU: C: 2016: 176/2956
High Court of Cassation and Justice, Civil Section I, Decision no. 918 of 15 April 2016/2963

93. CASE C-205/15, TOMA / 2975
Principles, objectives and missions of the treaties; the right to an effective remedy and to a fair trial / 2975

93.1. Sibiu Court, Civil Section, Conclusion of February 17, 2015/2975
93.2. CJ, Decision of 30 June 2016, EU: C: 2016: 499/2984
Sibiu Court, Civil Section, Civil Sentence no. 4256 of 30 August 2016/2995
Sibiu Tribunal, Civil Section I, Civil Decision no. 7 of January 11, 2017/3005

94. CASE C-212/15, ENEFI / 3017
Judicial cooperation in civil matters; insolventa / 3017
Mures Tribunal, Civil Section, Conclusion of April 2, 2015/3017
Mures Tribunal, Civil Section, Reference for a preliminary ruling / 3027
CJ, Decision of 9 November 2016, EU: C: 2016: 841/3035
Mures Tribunal, Civil Section, Civil Decision no. 1023 of / December 29, 2016/3044

CASE C-234/15, DORIS SPEDITION / 3052
Pollutant emissions tax / 3052

Constanta Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of February 11, 2015/3052
CJ, / Order of the President of the Court of 8 October 2015, EU: C: 2015: 711/3056
Constanta Court of Appeal, Civil Section II, of administrative and fiscal contentious, Civil Decision no. 1181 / CA of 18 November 2015/3056

CASE C-235/15, BOSNEAGA / 3062
Environmental stamp for motor vehicles / 3062

Constanta Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Conclusion of December 10, 2014/3062
CJ, Order of the President of the Court of 23 September 2016, EU: C: 2016: 756/3068
Constanta Court of Appeal, Civil Section II, of administrative and fiscal contentious, Decision no. 854 of November 9, 2016/3069

97. CASE C-236/15, ANTOCI / 3080
Environmental stamp for motor vehicles / 3080

Constanta Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of November 26, 2014/3080
CJ, Order of the President of the Court of 23 September 2016, EU: C: 2016: 755/3084
Constanta Court of Appeal, Civil Section II, of administrative and fiscal contentious, Civil Decision no. 180 of March 1, 2017/3085

98. CASE C-241/15, BOB-DOGI / 3094
European arrest warrant / 3094

Cluj Court of Appeal, Criminal and Juvenile Section, Conclusion of April 15, 2015/3094
CJ, Decision of June 1, 2016, EU: C: 2016: 385/3097
Cluj Court of Appeal, Criminal and Juvenile Section, criminal sentence no. 89 of June 8, 2016/3108

CASE C-245/15, CASA NOASTRA / 3131
Transportation; social policy / 3131

Bals Court, Conclusion of April 30, 2015/3131
CJ, Decision of 2 March 2017, EU: C: 2017: 156/3136
Bals Court, Civil sentence no. 317 of March 29, 2017./3147
Olt Tribunal, Civil Section II, of administrative and fiscal contentious, Decision no. 624 of 5 October 2017/3159

100. CASE C-328/15, TARSIA / 3164
Principles, objectives and missions of the treaties; social policy / 3164

Sibiu Tribunal, Civil Section I, Conclusion of June 8, 2015/3164
CJ, Ordinance of 14 April 2016, EU: C: 2016: 273/3168
Sibiu Tribunal, Civil Section I, Civil Sentence no. 549 of 16 May 2016/3173
Alba Iulia Court of Appeal, Civil Section I, Civil Decision no. 1474 of 27 October 2016/3179

101. CASE C-407/15, RIPANU / 3188
Charter of Fundamental Rights of the European Union / 3188

Bacau Court of Appeal, Civil Section I, Conclusion of May 18, 2015/3188
Constitutional Court, Decision no. 654 of 13 October 2015/3194
CJ, Ordinance of 18 February 2016, ECLI: EU: C: 2016: 167/3198
Bacau Court of Appeal, Civil Section I, Decision no. 1322 of 7 December 2016/3201

CASE C-416/15, SELENA ROMANIA / 3207
Trade policy; dumping / 3207

Bucharest Court of Appeal, Section VIII administrative contentious
and fiscal, Conclusion of April 20, 2015/3207
102.2. CJ, Decision of 30 June 2016, EU: C: 2016: 501/3217
102.3. Bucharest Court of Appeal, Section VIII administrative and fiscal contentious, Civil sentence no. 822 of 9 March 2017/3225

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


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

Case law annotated (2014-2016) includes 22 cases, as follows: case C-439/14, Star Storage; case C-488/14, Max Boegl Romania and others (public procurement); case C-496/14, Vararu (principles, objectives and missions of the treaties; social security); case C-585/14, Chis (tax for polluting emissions); Case C-586/14, Budisan (environmental vehicle stamp); case C-587/14, Moldovan (pollutant emissions tax); case C-588/14, Constantinescu (tax for polluting emissions); Case C-608/14, Pondiche (principles, objectives and missions of the Treaties; granting child-raising allowances); Case C-609/14, Nicula (principles, objectives and missions of the Treaties; environmental stamp); case C-73/15, Vicdantrans (environmental stamp for motor vehicles), case C-74/15, Tarcau (abusive clauses); case C-175/15, Taser International (judicial cooperation in civil matters); Case C-205/15, Thomas (Principles, objectives and tasks of the Treaties; the right to an effective remedy and to a fair trial); case C-212/15, ENEFI (judicial cooperation in civil matters; insolvency); case C-234/15, Doris Spedition (pollutant emissions tax); Case C-235/15, Bosneaga (environmental stamp for motor vehicles); Case C-236/15, Antoci (environmental stamp for motor vehicles); case C-241/15, Bob-Dogi (European arrest warrant); case C-245/15, Our House (transport; social policy); Case C-328/15, Tarsia (principles, objectives and missions of the Treaties; social policy); Case C-407/15, Ripanu (Charter of Fundamental Rights of the European Union); Case C-416/15, Selena Romania (trade policy; dumping).

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 took into account the legislative, doctrinal and jurisprudence evolutions until January 15, 2018.

Mihai SANDRU
Mihai BANU
Dragos CALIN

www.editurauniversitara.ro

write a review


The review was sent successfully.

Customer Support Monday - Friday, between 8.00 - 16.00

0745 200 718 0745 200 357 comenzi@editurauniversitara.ro
close

Compare

You must add at least one product to compare products.

close

Was added to wishlist!

Was removed from wishlist!