Uncategorized

Cluj Lawyer – Demolition and Destruction of Buildings: Saving Buildings Erected Without a Permit. Suspension of the Contraventional Complaint Until the Constitutional Court’s Decision. Fine and Demolition under Law No. 50/1991

CASE RELEVANCE In the municipality of Cluj-Napoca there are numerous cases where individuals have built constructions without obtaining a building permit, and have consequently been sanctioned under the Contraventions law based on Law No. 50/1991, with application of a fine as the principal penalty and with complementary measures of immediate suspension of works and demolition …

Vezi articol

Case Study: Admission of Enforcement Objection, Annulment of Enforcement Acts as an Effect of Prescription Intervening during Enforced Execution, Final Erasure of Debt from a Non-Performing Loan Contract

avocat Cluj clauze abuzive

The Brisc Legal team, specializing in banking litigation and objections to enforcement, obtained admission of an enforcement objection in dispute with EOS Finance GmbH as a result of establishing that the right to request enforced execution had been prescribed during the course of the enforced execution. Accordingly, all enforcement acts carried out after the moment …

Vezi articol

Avocat dreptul muncii Cluj-Napoca – respingerea acțiunii fostului salariat prin care solicita plata unei diferențe de diurnă pentru perioada în care a efectuat transport internațional

Secția civilă din cadrul Tribunalului Maramureș a respins acțiunea în pretenții formulată de un fost angajat cu poziția de șofer al unei societăți de transport internațional de marfă  prin intermediul căreia a solicitat drepturi derivate din contractul de muncă reprezentând diferența de diurnă pe care fostul salariat considera că societatea pârâta o datora. Reclamantul a …

Vezi articol

Case Study: Ordering the Romanian General Police Inspectorate to Pay the “Foreign-Currency Per Diem” Under G.D. No. 1,086/2004, Along with Penal Legal Interest, on Behalf of Police Officers Who Took Part in Missions Outside Romania

Summary of Court Rulings on Recovering “Foreign-Currency Per Diem” Under G.D. 1086/2004: The Brașov Court of Appeal ordered the General Inspectorate of the Romanian Police to pay, in favor of our clients (police officers), certain salary-type incomes called “foreign-currency per diem” established by Government Decision No. 1086/2004 for participation in missions outside Romania, and also …

Vezi articol

Case Study: Law 10/2001 and Law No. 165/2013 – Obtaining a Final Judgment to Oblige the National Commission for Real Estate Compensation (CNCI) to Issue a Compensation Decision Amounting to 586,556 Points (1 point = 1 leu)

avocat despagubiri ANRP

Summary of Judicial Rulings The Timiș Tribunal obliged CNCI to issue a Compensation Decision in favor of our clients, for the abusive taking by the communist regime of an intra-urban land of 764 sqm and a building of 36.20 sqm in Timișoara. The Timișoara Court of Appeal determined that CNCI must issue a Compensation Decision …

Vezi articol

Case Study: Final Judicial Annulment of Enforced Execution Initiated by a Debt Recovery Company, Due to Intervention of Prescription. Permanent Erasure of the Debt

Avocat Cluj contestatie executare

Brisc Legal Cluj attorneys, specializing in contestations of enforcement, obtained a final court decision annul­ing all enforcement acts and the enforced execution itself initiated by the debt recovery company INVESTCAPITAL LTD against our client, due to the prescription of the right to request enforced execution. Moreover, our attorneys succeeded in obtaining, for our client, full …

Vezi articol

Case Study: Final Court Annulment of a 200,000-lei Fine Illegally Imposed by the Territorial Labour Inspectorate (ITM) on a Business Operator Who Entered Service Contracts with Natural Persons — Nonexistence of Obligation to Conclude Individual Employment Contracts for Occasionally Rendered Services by Natural Persons

avocat Cluj plangere ITM

Outcome Achieved by Brisc Legal in Court Lawyers at Brisc Legal Cluj specializing in labour law and contraventional law obtained a final decision from the Cluj Tribunal, annulling a fine of 210,000 lei that had been illegally applied by ITM against our client, a company operating in the logistics services sector. Factual Context In this …

Vezi articol

Cluj Construction Lawyer – Rejection of the Provisional Injunction Request To Stop Building Works Until the Trial Court Decides on the Merits. Non-fulfillment of the Admissibility Conditions of the Provisional Injunction.

Relevance of the Case Many provisional injunctions in practice aim to require the defendant to stop construction works until the court of first instance issues its final ruling—actions mainly initiated by neighbors affected by those works.To issue such an order, the cumulative conditions set out explicitly in the Civil Procedure Code must be met: the …

Vezi articol

Cluj Attorney – Court of Accounts Disputes and Law No. 98/2016 – Alleged Damages Derived from Public Procurement Contracts – Admittance of the Exception of Prescription of the Material Right of Action by the Municipality of Cluj-Napoca

Relevance of the Case To meet general interest needs, public authorities and institutions, as well as public law entities, enter into contracts with economic operators for works, goods, or services. These legal relationships between the authority and the economic operator have certain specificities compared to civil law contracts concluded by private individuals, and they generate …

Vezi articol

Case Study: ANRP Compensation Points Law 165/2013 – Restitution by Equivalent of Property Abusively Taken – Admission of an Appeal Against the Decision of the National Commission for Real Estate Compensation – Awarding Compensation for the Entire Area, in an Amount Four Times Greater

despagubiri CNCI

Relevance of the Case The complexity of the laws regarding restitution of properties abusively taken during the communist era, together with legislative and jurisprudential inconsistencies resulting from modifications over time, and the high number of restitution requests still unresolved, have imposed the necessity of adopting a uniform normative framework to accelerate and finalize the restitution …

Vezi articol

Choose the Brisc Legal team of lawyers from Cluj-Napoca for solving your legal problem.

Contact

14-16, Dorobantilor street
Cluj City Center
2nd floor, room 210
400121, Cluj-Napoca

(004) 0744 475 971 horatiu@brisc.ro Privacy Policy
See the location on the map