Real Estate Lawyer Cluj – Abstention / Refusal of local councilors to vote an urban-planning documentation must be justified. Judicial obligation to re-examine it

Case study: annulment of Local Council Decision by which approval of PUD was rejected The court admitted the claim by which the cancellation of a Local Council Decision rejecting a PUD for the construction of buildings in Apahida was requested, given the unmotivated nature of the votes by local councilors rejecting or abstaining.Although the Cluj …

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Urbanism Lawyer Cluj – Abuse of local authority by assigning to a UTR that does not respect the character of the area and prior court rulings

Case study – urbanism lawyer Cluj, abuse of power by the local authority The partial annulment by civil courts in Cluj-Napoca of Local Council Decision no. 493/2014 approving the municipal PUG documentation of Cluj-Napoca, regarding the assignment of certain properties into particular UTRs (Territorial Reference Units), as well as the ordering of the defendant, the …

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Case Study – Paulian Action: Sale of the Mortgaged Real Property, the Debtor’s Only Asset, to the Detriment of an Unsecured Creditor Does Not Constitute a Scenario in Which the Conditions for Granting a Paulian Action Are Met

Relevance of the Case The Paulian action (action Pauliana) is a legal remedy by which a creditor challenges a transaction carried out by the debtor to the detriment of that creditor, seeking the annulment of that transaction so as to restore the debtor’s estate and satisfy the creditor’s claim.However, not every transaction carried out to …

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Lawyer in Cluj: Electoral Law Contestation Admitted

Litigiu electoral

Case Study – Admission of the Contestation under the Electoral Law Subject Matter The courts at the level of Cluj Municipality admitted the contestation filed by an independent candidate for the office of mayor of a neighboring locality, annulled the decision of invalidation issued by the Communal Electoral Bureau (BEC), and ordered the admission of …

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Case Study: Annulment of Certain Provisions in Cluj-Napoca’s PUG and Obtaining the Building Permit by Judicial Means

Admission of the statement of claim and partial annulment of Local Council Decision (HCL) no. 493/2014 adopted by the Cluj-Napoca Local Council, with respect to the establishment of a public utility easement burdening the claimants’ lands, and compelling the Mayor to reexamine the technical documentation underlying the building permit request, which was initially denied by …

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Cluj Attorney — Abusive Clauses in BRD Contracts

Case Study: Annulment of Abusive Clauses in a Credit Agreement Cluj Attorney Brisc Legal: Objectives Achieved The courts in Cluj-Napoca found that certain clauses included in a credit agreement with BRD Groupe Société Générale S.A. were abusive. Accordingly, the court ordered the annulment of clauses concerning the loan file preparation fee, the monthly management fee, …

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Labor Law Attorney in Cluj – Admission of the Action and Annulment of a Disciplinary Sanction Decision That Reduced the Basic Salary by 10% for 3 Months

Case Study – Challenging a Disciplinary Sanction Decision The courts in Cluj-Napoca admitted the contestation filed against a disciplinary sanction decision by which our client had 10% of his base salary reduced for a period of 3 months.Thus, both the Cluj Tribunal (Labor Disputes Section) at first instance, and the Cluj Court of Appeal on …

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