The Fiscal Diaspora: ANAF Audits Regarding the Income of Romanians Living Abroad

In the tax practice of the law firm Costaș, Negru & Asociații, we frequently encounter taxation issues affecting Romanians living abroad. Recently, their situation has come under the scrutiny of the National Agency for Fiscal Administration (ANAF), which aims to clarify the income sources of Romanian tax residents and levy taxes where applicable. The anticipated […]

Copyright, geo-blocking and works uploaded online for free

Recently, the Court of Justice of the European Union (CJEU) ruled on a subject of particular interest for copyright in the digital environment, as it addresses the issue of the territorial delimitation of the right of public communication of a work available on the internet. Case C-788/24, Anne Frank Fonds v. Anne Frank Stichting and […]

Fiscal Refereeing Fault: How ANAF Lost the Match Against a Sports Activity Contract

Recently, at Costaș, Negru & Asociații, we successfully managed the situation of an athlete against whom ANAF (the National Agency for Fiscal Administration) had initiated enforcement proceedings for an alleged social security contribution owed by natural persons. In fact, back in 2019, the athlete had entered into a sports activity contract with a Municipal Sports […]

Rainy Days for Airlines
In its judgment of the 13th of May 2020, the General Court dismissed the actions for annulment brought by three airlines against the Commission’s Decision of the 29th of July 2016 establishing that the implementing rules on State aid granted by the Autonomous Region of Sardinia to the airports on the island, given in order to increase the air traffic of the area, are incompatible with the internal market.
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The SARS-CoV-2 Pandemic Has Changed the Criminal Code
Under the special conditions we are experiencing - health crisis and state of emergency - the Government has recently decided to amend the Criminal Code by emergency ordinance, in order to criminalize previously qualified acts as contraventions.
Thus, the Emergency Ordinance no. 28 of 18 March 2020 for amending and completing Law no. 286/2009 on the Criminal Code was adopted by the Government in the meeting last week and was published on Friday, 20 March 2020, in the Official Journal no. 228/2020.
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Abusive clauses in banking contracts. Recent interpretations
On 19.03.2020, Attorney General Juliane Kokott presented his conclusions in the case C-81/19, Șerban vs. Banca Transilvania SA, which is in the role of the Court of Justice of the European Union, having as its object, once again, the protection of consumers against the abusive clauses inserted in the credit agreements in foreign currency.

By the decision of reference dated on 27.12.2018, the Cluj Court of Appeal, the Second Civil Section, ordered the referral of the Court of Justice of the European Union with the request for a preliminary ruling on the following questions regarding the interpretation of Directive 93/13 / CEE, respectively consumer protection against abusive clauses inserted in foreign currency credit agreements:
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