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 …
Facts Established by the Court In the case at hand, the plaintiff—owner of a land parcel in the Dâmbul Rotund area of Cluj-Napoca—challenged the Mayor’s refusal to issue a building-zone (construction) certificate. The plaintiff’s land had been regulated under a Zonal Urbanistic Plan (PUZ) approved by City Council Decision No. 524/2007, which defined parcel configurations, …
Relevant Factual Background The dispute concerns the plaintiffs’ access to a public road via “A Street” in the Dâmbu Rotund area of Cluj-Napoca, urbanistically regulated by a Zonal Urban Plan (PUZ) approved through City Council Decision (HCL) no. 524/2007. To create the 5 m-wide profile of Alley “A,” courts have previously and definitively ruled that …
Facts of the Case The claimant had been employed by the defendant since 2018, under an open-ended individual labor contract, in the position of Analyst (according to the Occupational Classification). By the dismissal decision, on May 30, 2020, the employer terminated the contract for reasons not related to the employee’s person, under Article 65(1) of …
RELEVANCE OF THE CASE – Cluj Attorney for Preliminary Injunction In practice, the process of obtaining an enforceable title for the recovery of amounts owed by the debtor can take a considerable amount of time, especially due to the heavy workload of the courts. The adjudication of a complex case can sometimes take years, during …
Relevance of the Case on Challenging Fiscal Enforcement For the income earned, the taxpayer is obligated to pay the taxes, fees, and contributions due to the state budget. Otherwise, based on a tax debt title, which subsequently becomes an enforceable fiscal title, any amounts representing income and monetary assets in both local and foreign currency, …
Case Relevance In practice, situations arise where, for various reasons, a person other than the actual offender is sanctioned. In such cases, it is crucial for the unjustly sanctioned person to file a contravention complaint requesting the annulment of the contravention report, the removal of the main sanction, and, where applicable, the complementary sanction. Otherwise, …
Case relevance Banks or debt collection agencies initiate legal actions even when their claims are time-barred, and debtors may end up paying or acknowledging the debt without knowing that the statute of limitation has expired. Partial payment or acknowledgment of the debt by signing a payment rescheduling agreement interrupts the statute of limitations, starting a …
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