Newsroom
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...
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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...
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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...
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Landfills. Failure to Meet the Obligations Undertaken by Romania
On the 18th of October 2018, in legal affair C-301/17, European Commission v. Romania, the Court of Justice of the European Union decided that by failing to comply with regarding the 68 landfills concerned in the case, the obligation to take all necessary measures to close as soon as possible,...
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Alitalia Airline in Insolvency
In the forced execution procedure of a judgment pronounced by Judecătoria Sectorului 1 București, pursuant to Regulation no. 261/2004, we have recently learned that Alitalia - Società Aerea Italiana S.P.A. is in insolvency. Thus, the ministerial decree of the 2nd of May 2017 ordered the opening of the special administration...
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EU Regulations regarding Iran. Latest developments
Political relations are pretty clear between the European Union and Iran. Not long ago, there were restrictive measures imposed by the EU against the state of Iran, measures that followed the sanctions established on Iran by the United Nations Security Council with regard to the nuclear field. For the most...
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Unfair terms. Exchange rate risk
The Court of Justice of the European Union has issued a new judgment in favour to the consumers who have contracted bank loans. Thus, on the 20th of September 2018, the Luxembourg court ruled in legal affair C-51/17, OPT Bank Nyrt. and OTP Faktoring Követeléskezelő Zrt./Teréz Ilyés and Emil Kiss,...
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Alexandra Tomuța joins Costaș, Negru & Asociaţii lawyers’ civil partnership
We are pleased to announce that our team will expand soon. Alexandra Tomuța passed the entrance exam in the Arad Bar and will be a trainee lawyer in our company. Alexandra has already gained academic experience in one year of study in the Netherlands. She has also published in the...
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Recent Amendments to Law No. 554/2004 on Administrative Litigation
Recently, Law no. 212/2018 modified Law no. 554/2004 on Administrative Litigation. We have drawn up, in the following, a synthesis of the main novelties in the matter. It is to be noted that a significant change occured by redistributing the substantive jurisdiction of the courts according to the value of...
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Single Account Payment. Simplification of Tax Regulations
The simplification of tax legislation enters a new stage, following recent legal changes regarding the payment of current tax liability. It is to be noted that, in this context, by the end of June 2018, taxpayers are to make multiple payments into different Treasury accounts: value-added tax (VAT); social security...
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The right to deduct the VAT. The actual delivery of goods
The Court of Justice of the European Union has decided, based on its judgment from the 27th of June 2018 in cases SGI (C 459/17) and Valériane SNC (C 460/17) vs. Ministre de l’Action et des Comptes publics, that Article 17 of the Sixth Council Directive 77/388/EEC of 17 May...
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Division into instalments of tax payments. New regulations
Law no. 150/2018 has modified article 204 of the Tax Procedure Code by establishing new rules with regard to the delayed payment of certain tax obligations that influence the maintaining of an authorisation, approval or another similar administrative act.
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