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Preliminary Referrals of Romanian Courts to the CJEU. Collection Annotated by Jurisprudence (2014-2016), vol. IV
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ISBN: 978-606-28-0423-7
DOI: 10.5682/9786062804237
Publisher year: 2017
Pages: 458
Publisher: Editura Universitara
Author: Mihai Sandru, Mihai Banu, Dragos Calin (coord.)
Product Code:
9786062804237
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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 case law (2014-2016) includes nine cases, as follows: case C-69/14, Tarsia (refund of pollution tax); case C-76/14, Manea (pollution tax); case C-92/14, Tudoran (abusive clauses in contracts concluded with consumers); case C-110/14, Costea (abusive clauses in contracts concluded with consumers); case C-144/14, Tomoioaga (value added tax); Case C-172/14, ING Pensii (competition); case C-183/14, Salomie and Oltean (value added tax); case C-200/14, Campean II (refund of pollution tax); case C-201/14, Bara and others (processing of personal data).
Collection annotated by case law (2014-2016) includes nine cases, as follows: case C-69/14, Tarsia (refund of pollution tax); case C-76/14, Manea (pollution tax); case C-92/14, Tudoran (abusive clauses in contracts concluded with consumers); case C-110/14, Costea (abusive clauses in contracts concluded with consumers); case C-144/14, Tomoioaga (value added tax); Case C-172/14, ING Pensii (competition); case C-183/14, Salomie and Oltean (value added tax); case C-200/14, Campean II (refund of pollution tax); case C-201/14, Bara and others (processing of personal data).
Coordinators
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 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.
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 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 fourth volume of the repertoire of files on preliminary references from Romania - Some introductory clarifications.
List of abbreviations and acronyms used
63. CASE C-69/14, TARSIA
Principles, objectives and missions of the treaties; refund of the pollution tax
63.1. Sibiu Tribunal, Civil Section I, Conclusion of January 16, 2014
63.2. CJ, Decision of 6 October 2015, EU: C: 2015: 662
63.3. Sibiu Tribunal, Civil Section I, Civil Decision no. 300 of November 19, 2015
64. CASE C-76/14, MANEA
Pollution tax.
64.1. Brasov Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion of January 29, 2014.
64.2. CJ, Decision of 14 April 2015, EU: C: 2015: 216
64.3. Brasov Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 728 / R of June 22, 2015
65. CASE C-92/14, TUDORAN.
Abusive clauses in contracts concluded with consumers
65.1. Campulung District Court, request for a preliminary ruling.
65.2. CJ, Ordinance of July 3, 2014, EU: C: 2014: 2051
65.3. Campulung Court, Civil sentence no. 1705 of October 3, 2014
65.4. Arges Tribunal, Civil Section, Decision no. 30 of January 20, 2015.
65.5. Arges Tribunal, Civil Section, Conclusion of March 10, 2015.
65.6. Curtea de Arges Court, Civil sentence no. 241 of March 4, 2014
65.7. Arges Tribunal, Civil Section, Decision no. 31 of January 20, 2015.
65.8. Arges Tribunal, Civil Section, Conclusion of March 10, 2015
65.9. Arges Tribunal, Civil Section, Decision no. 261 of March 24, 2015.
66. CASE C-110/14, COSTEA
Abusive clauses in contracts concluded with consumers
66.1. Oradea Court, Civil Section, conclusion of February 25, 2014
66.2. CJ, Decision of 3 September 2015, EU: C: 2015: 538
66.3. Bihor Tribunal, Civil Section II, Decision no. 837 / A / 2015 of 16 November 2015
66.4. Oradea Court, Civil Section, Civil Sentence no. 598 of January 26, 2016
CASE C-144/14, TOMOIOAGA
Value added tax
Tribunal / Maramures, Second Civil Section, of administrative and fiscal contentious, Conclusion of October 17, 2013
Cluj Court of Appeal, Civil Section II, of administrative and fiscal contentious, Civil Decision no. 3986/12 May 2014
CJ, Decision of 9 July 2015, EU: C: 2015: 452
Tribunal / Maramures, Civil Section II, of administrative and fiscal contentious, civil sentence no. 2582 of 29 November
2016
Cluj Court of Appeal, Section III administrative and fiscal contentious, Civil Decision no. 2939 of September 18, 2017
CASE C-172/14, PENSIONS
Competition (agreements)
High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of February 13, 2014/1992
68.2. CJ, Decision of 16 July 2015, EU: C: 2015: 484
68.3. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Decision no. 3387 of October 29, 2015
CASE C-183/14, SALOMIE AND OLTEAN
Value added tax
Cluj Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Conclusion of February 28, 2014
CJ, Decision of 9 July 2015, EU: C: 2015: 454
Cluj Court of Appeal, Civil Section II, Civil Decision no. 6841 of October 22, 2015
Cluj Tribunal, Joint Section for Administrative and Fiscal Litigation, Labor Disputes and Social Insurance, Civil Sentence no. 4090 of July 7, 2017
CASE C-200/14, CAMPEAN II
Principles, objectives and missions of the treaties; refund of the pollution tax
Sibiu Tribunal, Second Civil Section, of administrative and fiscal contentious, Conclusion of March 20, 2014
Sibiu Tribunal, Second Civil Section, of administrative and fiscal contentious, Conclusion of November 20, 2014
70.3. CJ, Decision of 30 June 2016, EU: C: 2016: 494
Sibiu Tribunal, Second Civil Section, of administrative and fiscal contentious, Sentence no. 747 of September 15, 2016
Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 1813 of December 7, 2016
CASE C-201/14, BARA AND OTHERS
Processing of personal data (Directive 95/46)
Cluj Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Conclusion of March 31, 2014
CJ, Opinion of the Advocate General delivered on 9 July 2015, EU: C: 2015: 461
CJ, Decision of 1 October 2015, EU: C: 2015: 638
Cluj Court of Appeal, Section III administrative and fiscal contentious, Civil sentence no. 64 of December 14, 2015
The fourth volume of the repertoire of files on preliminary references from Romania - Some introductory clarifications.
List of abbreviations and acronyms used
63. CASE C-69/14, TARSIA
Principles, objectives and missions of the treaties; refund of the pollution tax
63.1. Sibiu Tribunal, Civil Section I, Conclusion of January 16, 2014
63.2. CJ, Decision of 6 October 2015, EU: C: 2015: 662
63.3. Sibiu Tribunal, Civil Section I, Civil Decision no. 300 of November 19, 2015
64. CASE C-76/14, MANEA
Pollution tax.
64.1. Brasov Court of Appeal, Administrative and Fiscal Litigation Section, Conclusion of January 29, 2014.
64.2. CJ, Decision of 14 April 2015, EU: C: 2015: 216
64.3. Brasov Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 728 / R of June 22, 2015
65. CASE C-92/14, TUDORAN.
Abusive clauses in contracts concluded with consumers
65.1. Campulung District Court, request for a preliminary ruling.
65.2. CJ, Ordinance of July 3, 2014, EU: C: 2014: 2051
65.3. Campulung Court, Civil sentence no. 1705 of October 3, 2014
65.4. Arges Tribunal, Civil Section, Decision no. 30 of January 20, 2015.
65.5. Arges Tribunal, Civil Section, Conclusion of March 10, 2015.
65.6. Curtea de Arges Court, Civil sentence no. 241 of March 4, 2014
65.7. Arges Tribunal, Civil Section, Decision no. 31 of January 20, 2015.
65.8. Arges Tribunal, Civil Section, Conclusion of March 10, 2015
65.9. Arges Tribunal, Civil Section, Decision no. 261 of March 24, 2015.
66. CASE C-110/14, COSTEA
Abusive clauses in contracts concluded with consumers
66.1. Oradea Court, Civil Section, conclusion of February 25, 2014
66.2. CJ, Decision of 3 September 2015, EU: C: 2015: 538
66.3. Bihor Tribunal, Civil Section II, Decision no. 837 / A / 2015 of 16 November 2015
66.4. Oradea Court, Civil Section, Civil Sentence no. 598 of January 26, 2016
CASE C-144/14, TOMOIOAGA
Value added tax
Tribunal / Maramures, Second Civil Section, of administrative and fiscal contentious, Conclusion of October 17, 2013
Cluj Court of Appeal, Civil Section II, of administrative and fiscal contentious, Civil Decision no. 3986/12 May 2014
CJ, Decision of 9 July 2015, EU: C: 2015: 452
Tribunal / Maramures, Civil Section II, of administrative and fiscal contentious, civil sentence no. 2582 of 29 November
2016
Cluj Court of Appeal, Section III administrative and fiscal contentious, Civil Decision no. 2939 of September 18, 2017
CASE C-172/14, PENSIONS
Competition (agreements)
High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Conclusion of February 13, 2014/1992
68.2. CJ, Decision of 16 July 2015, EU: C: 2015: 484
68.3. High Court of Cassation and Justice, Administrative and Fiscal Litigation Section, Decision no. 3387 of October 29, 2015
CASE C-183/14, SALOMIE AND OLTEAN
Value added tax
Cluj Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Conclusion of February 28, 2014
CJ, Decision of 9 July 2015, EU: C: 2015: 454
Cluj Court of Appeal, Civil Section II, Civil Decision no. 6841 of October 22, 2015
Cluj Tribunal, Joint Section for Administrative and Fiscal Litigation, Labor Disputes and Social Insurance, Civil Sentence no. 4090 of July 7, 2017
CASE C-200/14, CAMPEAN II
Principles, objectives and missions of the treaties; refund of the pollution tax
Sibiu Tribunal, Second Civil Section, of administrative and fiscal contentious, Conclusion of March 20, 2014
Sibiu Tribunal, Second Civil Section, of administrative and fiscal contentious, Conclusion of November 20, 2014
70.3. CJ, Decision of 30 June 2016, EU: C: 2016: 494
Sibiu Tribunal, Second Civil Section, of administrative and fiscal contentious, Sentence no. 747 of September 15, 2016
Alba Iulia Court of Appeal, Administrative and Fiscal Litigation Section, Decision no. 1813 of December 7, 2016
CASE C-201/14, BARA AND OTHERS
Processing of personal data (Directive 95/46)
Cluj Court of Appeal, Second Civil Section, of administrative and fiscal contentious, Conclusion of March 31, 2014
CJ, Opinion of the Advocate General delivered on 9 July 2015, EU: C: 2015: 461
CJ, Decision of 1 October 2015, EU: C: 2015: 638
Cluj Court of Appeal, Section III administrative and fiscal contentious, Civil sentence no. 64 of December 14, 2015
The fourth volume of the repertoire of files regarding preliminary references from Romania - Some introductory clarifications
The fourth volume of the Preliminary References of the Romanian courts to the CJEU.
Collection annotated by case law (2014-2016) includes nine cases, as follows: case C-69/14, Tarsia (refund of pollution tax); case C-76/14, Manea (pollution tax); case C-92/14, Tudoran (abusive clauses in contracts concluded with consumers); case C-110/14, Costea (abusive clauses in contracts concluded with consumers); case C-144/14, Tomoioaga (value added tax); Case C-172/14, ING Pensii (competition); case C-183/14, Salomie and Oltean (value added tax); case C-200/14, Campean II (refund of pollution tax); case C-201/14, Bara and others (processing of personal data).
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 European Union law. Where possible we have replaced 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.
The legislative, doctrine and jurisprudence evolutions up to December 12, 2017 were taken into account.
Mihai SANDRU
Mihai BANU
Dragos CALIN
Mihai BANU
Dragos CALIN
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