Foundations and Associations for Business. Tax Consequences

Are we allowed to use a foundation or an association for business purposes? That is a question whose answer is very much relevant from a tax perspective. The starting point of this article is art. 1 of Government Ordinance no. 26/2000, which stipulates that natural persons and legal persons who pursue activities of general interest […]

Who’s Wrong Has to Pay for It: Judicial Expanses Granted Following a Void Tax Audit

By the Decision issued on 7.09.1011, the Cluj Court of Appeal ordered the Bistrita Năsăud County Administration of Public Finances to pay in favor of the plaintiff the court costs incurred during the fiscal inspection phase and the procedure for resolving the fiscal appeal. Practically, the Cluj Court of Appeal validated the solution of the […]

Tax joint responsability – A skeleton in the taxpayers’ closets

Fraudulently reporting the insolvency of a company, forcing it into default, simulating the bankruptcy of a company and other similar methods widely used by administrators of companies with outstanding debts or tax obligations are not without negative consequences as far as these administrators are concerned. The main effect in most of these cases consists in […]

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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