Editura Universitara Preliminary referrals of Romanian courts to the CJEU. Collection annotated by jurisprudence (2015-2016). Volume VII

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ISBN: 978-606-28-0928-7

DOI: 10.5682/9786062809287

Publisher year: 2019

Edition: I

Pages: 546

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, together with the decisions pronounced by the Court of Justice. The approach is supported by the Romanian Association of European Law and Affairs (ARDAE), by the Center of European Law Studies (CSDE) of the Institute for Legal Research "Acad. Andrei Radulescu" of the Romanian Academics and of the Romanian Judges Forum Association (FJR).

Collection annotated by jurisprudence (2015-2016) includes 9 cases, as follows: case C-534/15, Dumitras (consumer protection); case C-556/15, Fondul Proprietatea (competition), case C-556/15, Popescu (social policy), case C-627/15, Gavrilescu and Gavrilescu (consumer protection), case C-632/15, Popescu (road transport), case C-22/16, Fondul Proprietatea (competition), case C-55/16, Evo Bus (value added tax), case C-11I / 16, Paper Consult (taxation), case C -150/16, Fondul Proprietatea (competition), case C-186/16, Andriciuc and others (abusive clauses).
  • Preliminary referrals of Romanian courts to the CJEU. Collection annotated by jurisprudence (2015-2016). Volume VII

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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 - European Legal Affairs, founding member and co-president 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.

CONTENT

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

List of abbreviations and acronyms used / XI

103. / CASE C-534/15, DUMITRAS
Consumer's protection; abusive clauses; real estate guarantee contract concluded by individuals who have no professional relationship with the new debtor company / 3245

103.1. / Satu Mare Court, Civil Section, Conclusion of May 5, 2015/3245
103.2. CJ, Ordinance of 14 September 2016, EU: C: 2016: 700/3247
103.3. / Satu Mare Court, Civil Section, Civil Sentence no. 4046 of December 7, 2017, RO: JDSAT: 2017: 001.004046 / 3255
103.4. / Satu Mare Tribunal, Civil Section II, of administrative and fiscal contentious, Civil Decision no. 241 / AP / LP of October 5, 2018, RO: TBSTM: 2018: 026.000241 / 3277

104. / CASE C-556/15, PROPERTY FUND
Competition; state aid / 3307

104.1. / Craiova Court of Appeal, Civil Section II, Conclusion of October 13, 2015/3307
104.2. CJ, Ordinance of 22 June 2017, EU: C: 2017: 494/3314
104.3. Craiova Court of Appeal, Second Civil Section, Decision no. 653/2017 / din / 20 / septembrie / 2017, / RO: CACRV: 2017: 104.000653 / 3321

105. / CASE C-556/15, POPESCU
Social policy; successive fixed-term employment contracts; veterinary assistance in the field of sanitary-veterinary control / 3363

105.1. / Craiova Court of Appeal, Civil Section II, Conclusion of October 21, 2015/3363
105.2. Craiova Court of Appeal, Preliminary reference request / 3364
105.3. CJ, Ordinance of 21 September 2016, EU: C: 2016: 726/3369
105.4. Craiova Court of Appeal, Civil Section I, Decision no. 169 of January 18, 2017, RO: CACRV: 2017: 084.000169 / 3382

106. / CASE C-627/15, GAVRILESCU AND GAVRILESCU
Approximation of legislation; consumer protection / 3394

106.1. / Campulung Court, Conclusion of October 22, 2015/3394
106.2. / Arges Tribunal, Civil Section, Decision no.200 of March 17, 2016, RO: TBARG: 2016: 019.000200 / 3416
106.3. / Campulung Court, Conclusion of June 2, 2016/3439
106.4. / Arges Tribunal, Civil Section, Decision no. 672 of November 24, 2016, RO: TBARG: 2016: 019.000672 / 3443
106.5. / CJ, Opinion of Advocate General Nils Wahl delivered on 14 September 2017, EU: C: 2017: 690/3446
106.6. / CJ, Order of the President of the Second Chamber of the Court of 4 October 2017, EU: C: 2017: 749/3463
106.7. / Campulung Court, Civil sentence no. 2490 of 2 November 2017, RO: JDCPG: 2017: 001.002490 / 3463

107. CASE C-632/15, POPESCU 3481
Road transport; the obligation of persons who before the entry into force of this regulation were authorized to drive without a driving license to obtain a driving license

107.1. / High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of November 12, 2015/3481
107.2. / Opinion of Mr Advocate General Henrik Saugmandsgaard delivered on 24 November 2016, EU: C: 2016: 894/3492
107.3. CJ, Decision of 26 April 2017, EU: C: 2017: 303/3508
107.4. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Decision no. 2352 of 22 June 2017/3517

108. / CASE C-22/16, PROPERTY FUND
Competition; aid granted by states / 3525

108.1. / Bucharest Tribunal, Civil Section VI, Conclusion of July 3, 2015/3525
108.2. / Bucharest Tribunal, Civil Section VI, Conclusion of February 2, 2016/3533
108.3. CJ, Ordinance of 22 June 2017, EU: C: 2017: 494/3534
108.4. Bucharest Tribunal, Civil Section VI, Civil Sentence no. 1306 of 27 April 2018, RO: TBBUC: 2018: 016.001306 / 3540

109. / CASE C-55/16, EVO BUS
The common system of value added tax; conditions for obtaining reimbursement / 3555

109.1. / High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of 17 December 2015/3555
109.2. CJ, Ordinance of June 30, 2016, EU: C: 2016: 513/3564
109.3. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Decision no. 3469 of December 8, 2016/3569

110. / CASE C-111/16, PAPER CONSULT
Taxation; the right to deduct the value added tax / 3579

110.1. / Cluj Court of Appeal, Section III Administrative and Fiscal Litigation, Conclusion of January 21, 2016/3579
110.2. / CJ, / Conclusions / of the Advocate-General / Paolo / Mengozzi, EU: C: 2017: 413/3586
110.3. CJ, Decision of 19 October 2017, EU: C: 2017: 775/3602
110.4. Cluj Court of Appeal, Section III Administrative and fiscal litigation, Civil decision no. 5387 of 16 November 2017,
RO: CACLJ: 2017: 050.005387 / 3615

111. / CASE C-150/16, PROPERTY FUND
Competition; aid granted by states / 3627

111.1. / Craiova Court of Appeal, Civil Section II, Conclusion of March 3, 2016/3627
111.2. CJ, Decision of 18 May 2017, EU: C: 2017: 388/3634

112. / CASE C-186/16, ANDRICIUC AND OTHERS
Clauses / abusive / in / contracts / concluded / with / consumers; the moment of appreciation of the existence of a significant imbalance between the rights and obligations of the parties deriving from the contract / 3642

112.1. / Oradea Court of Appeal, Civil Section II, of administrative and fiscal contentious, Conclusion of March 3, 2016/3643
112.2. / CJ, Opinion of Advocate General Nils Wahl EU: C: 2017: 313/3657
112.3. CJ, Decision of 20 September 2017, EU: C: 2017: 703/3676
112.4. Oradea Court of Appeal, Civil Section II, of administrative and fiscal contentious, Decision no.370 / C / 2017 - A of / 28 November 2017, RO: CAORA: 2017: 007.000370 / 3689

The seventh volume of the repertoire of files on preliminary references from Romania - Some introductory clarifications


The seventh volume of the Preliminary References of the Romanian Courts to the CJEU. Collection annotated by case law (2015-2016) includes 9 cases, as follows: case C-534/15, Dumitras (consumer protection); Case C-556/15, Fondul Proprietatea (competition); case C-556/15, Popescu (social policy); Case C-627/15, Gavrilescu and Gavrilescu (consumer protection); case C-632/15, Popescu (road transport); Case C-22/16, Fondul Proprietatea (competition); Case C-55/16, Evo Bus (value added tax); Case C-111/16, Paper Consult (Taxation); Case C-150/16, Fondul Proprietatea (competition); Case C-186/16, Andriciuc and Others (unfair terms).

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 judgments 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 formulations, 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 developments until April 1, 2019.
Mihai SANDRU
Mihai BANU
Dragos CALIN

www.editurauniversitara.ro

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