In fact, the claimant, assisted and represented by lawyers specialized in partition and real estate law, requested the Cluj-Napoca Court to partition the property composed of 2 apartments and an attic, by attributing into their exclusive ownership the entire surface of the building’s attic, which at that time was held in co-ownership with the owner …
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 …
Case Study — Dismissal of Objection Against the Dismissal Decision Brisc Cluj Attorney – Subject of the Labour Dispute The Labour and Social Security Conflicts Section of the Cluj Tribunal rejected the objection filed by a former employee of a private courier company, by which he sought annulment of the disciplinary sanction decision through which …
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, …
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 …
Factual Background and Object of the Case A creditor obtained an enforceable title against a debtor for a debt owed. Based on that title, enforcement proceedings were initiated. Among the enforcement measures was real-estate enforcement (“executare silită imobiliară”) targeting one or more pieces of real property of the debtor. At some point during the enforcement …
Factual Situation Leading to the Objection to Enforcement A natural person entered into a personal need credit agreement in the amount of 16,000 CHF with a Romanian bank. During the repayment period, in 2012, the bank assigned the credit contract to a foreign banking company. Afterwards, due to financial difficulties, the borrower failed to meet …
Cluj Tribunal forces permit issuance after ruling PUG easement without expropriation infringes property rights.
Court orders demolition of illegal buildings in Apahida after invalid building permit; lack of PUZ deemed unlawful.
Case Study Real Estate Attorney Cluj: Achieved Objectives The administrative courts in Cluj-Napoca held that introducing a restriction in the General Urban Plan (PUG) that requires transferring a portion of one’s land due to a public road easement (servitude) is an abuse when the authority fails to expropriate the land in question; it violates the …
14-16, Dorobantilor street
Cluj City Center
2nd floor, room 210
400121, Cluj-Napoca