Preliminary references from courts and tribunals of Romania to the CJEU. Annotated directory of case law (2007-2013). Vol. 1

Content

A repertoire of files on preliminary references from Romania. The first volume / XI

List of abbreviations and acronyms used / XIX

The table of cases coming from courts in Romania / XXI

1. CASE C-33/07, JIPA
Free movement of persons / 1
1.1. Dambovita Tribunal, Reference for a preliminary ruling - 17 January 2007/1
1.2. CJ, Ordinance of the President regarding the request for accelerated procedure - April 3, 2007/6
1.3. CJ, Decision of July 10, 2008, Rep. 2008, I-5157/8
1.4. Dambovita Tribunal, Civil Section, Civil Sentence no. 1241 of July 23, 2008/14

2. CASE C-402/09, TATU
Pollution tax on the occasion of the first registration / 18
2.1. Sibiu Tribunal, Commercial and Administrative Litigation Section, conclusion - request for a preliminary ruling, June 18, 2009/18
2.2. CJ, Decision of April 7, 2011, Rep. 2011, pp. I-2711/22
2.3. Sibiu Tribunal, Commercial and contentious section, Administrative sentence no. 473 / CA / 2011 of 19 May 2011/36
2.4. Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section,
Decision no. 765-2012 of 15 February 2012/42

3. CASE C-102/10, BEJAN
Optional motor third party liability insurance / 54
3.1. Focsani District Court, Conclusion of February 4, 2010/54
3.2. CJ, Ordinance of October 28, 2010, Rep. 2010 I-139 *, summary publication / 69
3.3. Focsani Court, Civil sentence no. 4733 of 4 July 2011/81
3.4. Vrancea Tribunal, Civil Section I, Civil Decision no. 1007 of November 3, 2011/91

4. JOINED CASES C-136/10 AND C-178/10, CHEESE AND DARMS
Pollution tax on the occasion of the first registration / 95
4.1. Targu Mures Court of Appeal, Commercial, Administrative and Fiscal Litigation Section, conclusion of February 23, 2010/95
4.2. Targu Mures Court of Appeal, Commercial, Administrative and Fiscal Litigation Section, conclusion of December 22, 2009/101
4.3. CJ, Presidential Ordinance of April 29, 2010/112
4.4. CJ, Ordinance of April 8, 2011, Rep. 2011 I-57 *, summary publication / 113
4.5. Targu Mures Court of Appeal, Commercial, administrative and fiscal contentious section, decision no. 1220 / R / 14 June 2011/118
4.6. Targu Mures Court of Appeal, Commercial, administrative and fiscal contentious section, decision no. 1219 / R / 14 June 2011/124

5. CASE C-258/10, GRIGORE
Working time / 130
5.1. Dambovita Tribunal, Civil Section, Conclusion of April 14, 2010/130
5.2. CJ, Ordinance of March 4, 2011, Rep. 2011 I-20 *, summary publication 138
5.3. Dambovita Tribunal, Civil Section, Sentence no. 2154 of 22 September 2011/153
5.4. Ploiesti Court of Appeal, Civil Section II, of administrative and fiscal contentious, Decision no. 1070 of 28 February 2012/159

6. CASE C-263/10, NISIPEANU
Pollution tax on the occasion of the first registration / 173
6.1. Gorj Tribunal, request for preliminary decision - Sentence no. 585 of March 24, 2010/173
6.2. CJ, Decision of July 7, 2011, Rep. 2011 I-97 *, summary publication / 182
6.3. Gorj Tribunal, Administrative and Fiscal Litigation Section, sentence no. 1803 of 14 September 2011/190
6.4. Craiova Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 4386 of 13 December 2011/207
6.5. Gorj Tribunal, Administrative and Fiscal Litigation Section, sentence no. 2095 of 11 May 2012/218
6.6. Craiova Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 8736 of 22 October 2012/235

7. CASE C-264/10, KITA
European arrest warrant and transfer of a convicted person / 242
7.1. High Court of Cassation and Justice, Criminal Section, Conclusion no. 1435 of 15 April 2010/242
7.2. High Court of Cassation and Justice, Criminal Section, Conclusion of 23 September 2010/251
7.3. CJ, Presidential Ordinance of 15 July 2010/255
7.3. CJ, Ordinance of October 19, 2010/257

8. CASE C-283/10, GLOBUS CIRCUS BUCHAREST
Copyright for the public communication of works / 258
8.1. Bucharest Tribunal, Civil Section IV, Civil Sentence no. 250 of 7 February 2008/258
8.2. Bucharest Court of Appeal - Civil Section IX and for cases regarding intellectual property, Civil Decision no. 256 A of 20 November 2008/262
8.3. High Court of Cassation and Justice, Civil Section I, Conclusion of 14 May 2010/269
8.4. CJ, Decision of November 24, 2011, Rep. 2011, pp. I-12031/278
8.5. High Court of Cassation and Justice, Civil Section I, Decision no. 5043 of June 29, 2012/286

9. CASE C-310/10, AGAFITEI AND OTHERS
Discrimination regarding the salary rights of magistrates / 307
9.1. Bacau Tribunal, Civil Section, Civil Sentence no. 225 of April 4, 2008/307
9.2. Bacau Court of Appeal, Civil Section, cases minors, family, labor disputes, social security, Conclusion of June 14, 2010/311
9.3. CJ, Decision of July 7, 2011, Rep. 2011, pp. I-5989/316
9.4. Bacau Court of Appeal, Civil Section I, decision no. 1671 of 21 November 2010/326

10. CASE C-335/10, VIJULAN
Pollution tax on the occasion of the first registration / 333
10.1. Craiova Court of Appeal, Administrative and Fiscal Litigation Section, conclusion of April 30, 2010/333
10.2. CJ, Ordinance of July 13, 2011, Rep. 2011, pp. I-99 *, summary publication / 344
10.3. Craiova Court of Appeal, Administrative and Fiscal Litigation Section, decision no. 3912 of 28 November 2011/349

11. CASE C-336/10, IJAC
Pollution tax on the occasion of the first registration / 361
11.1. Craiova Court of Appeal, Administrative and Fiscal Litigation Section, conclusion of April 30, 2010/361
11.2. CJ, Ordinance of April 8, 2011, Rep. 2011 I-58 *, summary publication 369
11.3. Craiova Court of Appeal, Administrative and Fiscal Litigation Section, decision no. 3690 of 21 November 2011/373

12. CASE C-377/10, DAY
Pollution tax on the occasion of the first registration / 387
12.1. Dolj Tribunal, Administrative and Fiscal Litigation Section, conclusion of June 9, 2010/387
12.2.CJ, Ordinance of December 6, 2010, Rep. 2010, pp. I-161 *, summary publication / 396
12.3. Dolj Tribunal, Administrative and Fiscal Litigation Section, Sentence no. 416 of 23 February 2011/399

13. CASE C-438/10, DRUTU
Pollution tax on the occasion of the first registration / 405
13.1. Bacau Court of Appeal, Commercial, Administrative and Fiscal Litigation Section, conclusion of June 15, 2010/405
13.2. Bacau Court of Appeal, preliminary reference, 1 September 2010/411
13.3. Suspension of the proceedings before the Court of Justice - Decision of the President of the Court of 29 October 2010/417
13.4. CJ, Ordinance of July 13, 2011, Rep. 2011, pp. I-100 *, summary publication / 417
13.5. Bacau Court of Appeal, Civil Section II, of administrative and fiscal contentious, Decision no. 1368 of 20 October 2011/422

14. CASE C-439/10, DRA SPEED
Pollution tax on the occasion of the first registration / 432
14.1. Bacau Court of Appeal, Commercial, Administrative and Fiscal Litigation Section, Conclusion of 18 November 2010/432
14.2. CJ, Ordinance of December 7, 2010, Rep. 2010 I-162 *, summary publication / 433
14.3. Bacau Court of Appeal, Commercial, Administrative and Fiscal Litigation Section, Decision no. 739 of 19 May 2011/436

15. CASE C-440/10, SEMTEX
Pollution tax on the occasion of the first registration / 442
15.1. Bacau Court of Appeal, Commercial, Administrative and Fiscal Litigation Section, Conclusion of March 17, 2011/442
15.2. Bacau Court of Appeal, Commercial, Administrative and Fiscal Litigation Section, Request for a Preliminary Judgment / 443
15.3 CJ, Ordinance of December 7, 2010, Rep. 2010, pp. I-163 *, summary publication / 447
15.4 Bacau Court of Appeal, Commercial, Administrative and Fiscal Litigation Section, Decision no. 245 of 16 February 2012/450

16. CASE C-441/10, ANGHEL
Pollution tax on the occasion of the first registration / 456
16.1. Bacau Court of Appeal, Commercial, Administrative and Fiscal Litigation Section, reference for a preliminary ruling, 1 September 2010/456
16.2. CJ, Ordinance of December 7, 2010, Rep. 2010, pp. I-164 *, summary publication / 461
16.3. Bacau Court of Appeal, Commercial, Administrative and Fiscal Litigation Section, Conclusion of 17 March 2011/464
16.4. Bacau Court of Appeal, Commercial, administrative and fiscal contentious section, decision no. 730 of 19 May 2011/465

17. CASE C-573/10, MICSA
Pollution tax on the occasion of the first registration / 472
17.1. Timisoara Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion of October 28, 2010/472
17.2. CJ, Ordinance of July 13, 2011, Rep. 2011, pp. I-101 *, summary publication / 474
17.3. Timisoara Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 987 of 15 June 2011/479

18. CASE C-602/10, SC VOLKSBANK ROMANIA
Consumer credit agreements
18.1. Calarasi Court, Conclusion of December 6, 2010/494
18.2. CJ, Decision of July 12, 2012, not yet published in Rep / 505
18.3. Calarasi Court, Civil sentence no. 4167 of 26 November 2012 521 18.4. Calarasi Tribunal, Civil Section, Civil Decision no. 136 / R of 5 February 2013/534

19. RELATED CASES C-29/11 AND C-30/11, CHICKENS AND ILAS
Pollution tax on the occasion of the first registration / 553
19.1. Suceava Tribunal, Commercial, administrative and fiscal contentious section, Conclusion no. 4415 of November 8, 2010/553
19.2. Suceava Tribunal, Commercial, administrative and fiscal contentious section, Conclusion no. 4512 of November 8, 2010/570
19.3. CJ, Ordinance of April 8, 2011, Rep. 2011, pp. I-59 *, summary publication / 586
19.4. Suceava Court, Commercial Section, of contencios administrative and fiscal, Sentence no. 4365 of 30 June 2011/591
19.5. Suceava Tribunal, Commercial, administrative and fiscal contentious section, Decision no. 3890 of 16 June 2011/596
19.6. Suceava Court of Appeal, Civil Section II, of administrative and fiscal contentious, Decision no. 5110 of December 8, 2011/601
19.7. Suceava Court of Appeal, Civil Section II, of administrative and fiscal contentious, Decision no. 4121 of 27 October 2011/605

20. CASE C-47/11, SC VOLKSBANK ROMANIA
Consumer credit agreements / 614
20.1. Timisoara District Court, Civil Section II, Conclusion of December 24, 2010/614
20.2. Timisoara District Court, Civil Section II, Conclusion of August 2, 2012/624
20.3. CJ, Ordinance of September 14, 2012, not yet published in Rep. / 625
20.4. Timisoara Court, Civil Section II, Civil Sentence no. 4794 of 3 October 2012/626
20.5. Timis Tribunal, Administrative and Fiscal Litigation Section, Decision no. 1137/2013 of 10 June 2013/636

21. CASE C-248/11, NILAS AND OTHERS
Markets regulated by financial instruments / 641
21.1. Cluj Court of Appeal, Criminal and Juvenile Section, Conclusion of April 29, 2011/641
21.2. Cluj Court of Appeal, Criminal and Juvenile Section, Reference for a preliminary ruling in the accelerated procedure / 644
21.3. CJ, Ordinance of the President of July 1, 2011/654
21.4. CJ, Decision of March 22, 2012, not yet published in Rep. / 656
21.5. Cluj Court of Appeal, Criminal Section, Criminal Sentence no. 72 of June 27, 2012/666
21.6. High Court of Cassation and Justice, Criminal Section, Decision no. 865 of 13 March 2013/694

22. CASE C-257/11, GRAN VIA MOINESTI
Value added tax / 739
22.1. Bucharest Court of Appeal, Section VIII administrative and fiscal litigation, Conclusion of December 20, 2010/739
22.2. CJ, Decision of November 29, 2012, not yet published in Rep. / 755
22.3. Bucharest Court of Appeal, Section VIII administrative and fiscal contentious, Civil sentence no. 367 of January 28, 2013/763

The work “Preliminary references from courts and tribunals of Romania to the CJEU. Annotated directory of case law (2007-2013), volume 1” gathers the first 24 cases referred by courts and tribunals of Romania to the Court of Justice of the European Union in the framework of the preliminary ruling procedure (Article 267 TFEU); the work collects all procedural acts pertaining the reference to the Court of Justice, meaning from the moment of making the preliminary reference until the main proceedings end with a final and irrevocable decision.

The book amounts to a guide mainly for practitioners (judges and lawyers), called to acknowledge and asses the responsibility in making a preliminary reference. The volume concerns also all those interested in European integration and in judicial relationship between Romanian and European Union courts.

The brief notes included in the book are meant to explain certain procedural and substantive issues. The directory will be followed by a collection of the more recent preliminary references from courts and tribunals of Romania (both ended and pending).

Cases included in this first volume are: case C-33/07, Jipa (free movement of persons); case C-402/09, Tatu (pollution tax charged on first registration of motor vehicles); case C-102/10, Bejan (optional motor civil liability insurance); joined cases C-136/10 and C-178/10, Obreja and Darmi (pollution tax charged on first registration of motor vehicles); case C-258/10, Grigore (working time); case C-263/10, Nisipeanu (pollution tax charged on first registration of motor vehicles); case C-264/10, Kita (European arrest warrant and the transfer of a sentenced person); case C-283/10, Circul Globus Bucuresti (copyright for public communication of a work); case C-310/10, Agafitei and others (discrimination concerning salary rights of magistrates); case C-335/10, Vijulan (pollution tax charged on first registration of motor vehicles); case C-336/10, Ijac (pollution tax charged on first registration of motor vehicles); case C-377/10, Baila (pollution tax charged on first registration of motor vehicles); case C-438/10, Drutu (pollution tax charged on first registration of motor vehicles); case C-439/10, DRA SPEED (pollution tax charged on first registration of motor vehicles); case C-440/10, SEMTEX (pollution tax charged on first registration of motor vehicles); case C-441/10, Anghel (pollution tax charged on first registration of motor vehicles); case C- 573/10, Micsa (pollution tax charged on first registration of motor vehicles); case C-602/10, SC Volksbank Romania (credit agreements for consumers); joined cases C-29/11 and C-30/11, Sfichi and Ilas (pollution tax charged on first registration of motor vehicles); case C-47/11, SC Volksbank Romania (credit agreements for consumers); case C-248/11, Nilas and others (regulated markets in financial instruments); case C-257/11, Gran Via Moinesti (value added tax).