Relevance of the Case – Employee Financial Liability The case analyzed reflects the practical application of the employee’s financial liability institution, regulated by Article 254 of the Labor Code, in situations where damage is caused by a culpable act committed by the employee during performance of the individual employment contract. The court identified the essential …
Trial at Mureș County Court In this matter, the claimants requested the court to annul the decision issued by the National Commission for Real Estate Compensation (CNCI) that had rejected their request for compensation measures related to a land parcel of 8,100 sqm now located within Târgu Mureș city limits. They challenged the legality of …
What Can You Do If Your Land Is Zoned as Green Area (Forest) in the Intravilian according to Cluj-Napoca PUG 2014? Below is an analysis of a relevant court decision in the field of urban planning, resolved by the Cluj Tribunal and the Court of Appeal of Cluj. It is especially useful for landowners in …
Importance of the Case Provisional suspension of enforcement is essential for protecting the debtor’s rights. It prevents irreversible harm while the suspension request is pending within the enforcement objection. This temporary measure balances the creditor’s right to collect the debt with the debtor’s right to a fair process, avoiding enforcement steps that could later be …
Relevance of the Case A payment order is an efficient and rapid legal tool through which creditors can recover claims that are certain, liquid, and due, without the need for lengthy civil proceedings.The creditor must show the existence of a claim arising from a document signed by both parties, which is not contested by the …
Context and Factual Background The Specialized Tribunal in Cluj opened simplified insolvency proceedings against the debtor company. The finalized table of creditor claims included a claim from the Cluj-Napoca Regional Directorate for Public Finance (DGRFP) for additional assessed VAT. The company had been registered as a VAT payer though it never exceeded the registration threshold, …
Facts of the Case The Specialized Tribunal admitted the request of the judicial administrator/liquidator to engage the liability of the debtor company’s administrators under Article 169 (1)(a) and (d) of Law 85/2014. The debtor had entered insolvency under the simplified procedure. The liquidator found that the administrators withdrew significant sums of money from the company …
Facts of the Case In a recent insolvency proceeding, the judicial liquidator sought to hold the administrator financially liable for the entire outstanding liability exceeding 400,000 lei, relying on Article 169(1)(a), (d), and (e) of Law 85/2014. The syndic judge granted the claim only partially, obliging the defendant to pay over 100,000 lei, covering: On …
Facts Established by the Court The fiscal authority (creditor) from Bistrița-Năsăud sought to hold the former administrator of the debtor company personally liable, invoking Article 169 letters (a), (d), (e), and (h) of Law 85/2014. It was alleged that the defendant: On appeal, the creditor attempted to expand the scope of the case by invoking …
Facts in the Case The Court of Appeal, reviewing the appeal against the syndic judge’s ruling, addressed the administrator’s objection regarding the expiry of the right to claim, as well as the substance of the claim under Article 169 (1) letters (a) and (d) of Law 85/2014. In this case, the debtor company was under …
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