The High Court of Cassation and Justice has decided that the admission of a claim for compensation for the damage suffered through the issuing of an illegal administrative act,  pursuant to art. 19 from Law no. 554/2004, needs to fulfill the following conditions: the existence of an illegal administrative act, the bearing of a prejudice and the proof of the causality between  the illegal administrative act and the prejudice. In this case, as a result of the annulment of some contencious administrative acts (notice of assessment, tax audit report), the appellant has requested damages for stamp duties, lawyer`s fees, bail payments, payments for the bankruptcy registration and for the  recommencement of the activity. The High Court determined that the action did not fulflill the conditions for the patrimonial liability of the accused, because the evidences that were presented  did not show the link between the  emission of the illegal administrative acts and the prejudice. As follows, the court charges, made up of stamp duties and the paid lawyer`s fees, being an accessory to the action, could have been solicited with the awarding of the solution of the causes on trial, or, separately, through case-law. Also, for the fees paid  for the bail, their freezing or their restitution has been disposed according to the applicable legal dispositions also, about the payments for the bankruptcy registration, it was not proven that the association would enter into payment default due to their emission.

:: The source: JURIDICE.ro

Delia Halici