Case Study – Approval of Urbanism Documentation (PUD) by Judicial Means Obliging the Local Council to issue a Local Council Decision (HCL) for approving the PUD urbanism documentation: courts in Cluj-Napoca accepted the request by a legal entity, annulled two HCLs rejecting the PUD, and ordered the Local Council to adopt new HCLs approving PUD …
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 …
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 …
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 …
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