Romanian Legal Week: July 18-24, 2016
Tanase
HCCJ. Breach of the ”tantum devolutum quantum apellatum” and ”non reformatio in pejus” principles
The High Court of Cassation and Justice has decided that the appeals court did not respect the ”tantum devolutum quantum apellatum” principle and the one that forbiddens the aggravation of a person’s situation in her own appeal, given the fact that, in the pronounced resolution, the court considered as being ungrounded that part of the counterclaim that was considered founded by the first court, as well, declining the counterclaim. It has to be mentioned that, in their appeal, the plaintiff respondents criticized only the solution of dismissal as ungrounded of the principal claim and they did not advance appeal arguments referring to the granted part of the counterclaim. Also, the counterclaim respondent plaintiff, using the appeal arguments, has criticized only the value of the compensation for the granted part of the counterclaim.
Sima
HCCJ. Evaluation of the object of the claim
The High Court of Cassation and Justice has ruled that, according to the provisions of Article 112 Point 3 Civil Procedure Code (Article 194 New Civil Procedure Code), the evaluation of the object of the claim is done by the plaintiff. Therefore, in the case of an action in annulment of a sale contract, the plaintiff can indicate the value of the litigious asset as being the price that is indicated in the contract, but nothing can avert him from demonstrating that the asset has another value than the one that is indicated in the contract, because he has the possibility of the evaluation of the object of the claim. The High Court has stated that, because the plaintiff’s assessment can be appealed and examined considering the evidence, it cannot be asserted that this criterion would be subjective and that taking this criterion into consideration in order to determine the material competence by the value of the object would affect the disposals of public order referring to the competence of the courts, just because the plaintiff would have the possibility to choose the court that will solve his claim.
Banking Law. EIB supports Romania with a EUR 360 million loan
The European Investment Bank is lending EUR 360 million loan to Romania to finance prioritary projects under EU Operational Programmes during the 2014-2020 EU programming period, in order to support the growth and development of legal advice services dedicated to the national authorities. The purpose of these services is based on improving the project implementation and the absorption of EU Funds, according to a handout of the Ministry of Public Finance, published on Friday, July 15 2016.
The loan focuses on investments in the areas of energy, environmental improvement, Research & Development and Innovation (RDI), Information and Communication Technology (ICT), employment, education and social amenities.
European Law. Proposals of European Commission regarding asylum
The European Commission presented Wednesday, July 13, 2016, a series of proposals to complete the reform of the Common European Asylum System. Amongst the proposals, there was one referring to the creation of a common procedure for international protection, a set of uniform standards for protection and rights that are granted to beneficiaries and also the further harmonization of reception conditions in the EU, according to a handout of the European Commission, published on July 14, 2016.
Commercial law. 51% of internal production products in the hypermarkets starting next year
In the Romanian Official Monitory, Part I, no. 534 from July 15, 2016 was published Law no. 150/2016 concerning the amendment and addend of Law no. 321/2009 which regards the merchandising of alimentary products. The most important amendment of the Law no. 321/2009 referring to the merchandising of alimentary products points that, starting January 15, 2017, the traders who are legal entities authorized to merchandise alimentary products will have to insure, in at least 51% pf products provided from local production. Nevertheless, the law states that there will be excepted from this obligation the merchants that achieve an annual turnover or own assets that are worth up to EUR 2 million.