For the first 5 years following the accesion to the European Union, the Romanian tax courts proved pretty shy when it came to referring tax cases to Luxembourg (except for the widely-spread car registration tax cases).However, in 2011 and 2012, a number of cases have been sent to the Court of Justice of the European Union. The affairs concern mainly the fields of VAT, excise duties and car registration taxes. It seems, however, that this...

The present paper is a debate on the status of a branch science, called credit law, which strongly signals its place in the law system. The author considers that the object of banking law refers to the two notions constituting the essence of commercial law: the production, commerce or services provision activity (replacing , in the new Civil Code, the notion of “commercial acts”) and the professionals (a notion completing that of traders). ...

This article represents the first part of a series dedicated to the resolution and resiliation of contracts under the new Civil Code. In this first part the authors review several novelties regulated by the Civil Code concerning mainly the notion and conditions of contract resolution, but also confront issues on which the legal doctrine has had under the previous regulation and continues to have incongruent interpretations (such as the condit...

The article is looking at the new Civil Code’s regulation of the funds deposit. The new legal framework sets out certain principles for the operation of the funds deposit agreement, providing for rights and obligations of the deponent and of the depository credit institution. Since the ownership over the amounts placed in deposit is transferred to the depository credit institution, the latter may freely dispose of these amounts in accordance wi...

The reform of state-owned enterprises’ corporate governance through the Government Emergency Ordinance no. 109 from December 14, 2011 is mostly noticed as the promoting the „private management” of these entities. However, considering the imminent privatization of significant state-owned enterprises, the legal cornerstone of the reform relates rather to the improvement of minority shareholders protection and to the enhancement of these entitie...

The article starts from different factual situations in order to draw the attention over a practice that is widely spread and clearly illegal: the factual misappropriation of immovable assets especially plots of land, for the construction in an undefined future of public interest objectives. Every day, in every important city of Romania, the provisions of Article 1 of the 1st Protocol of the European Convention for Human Rights are manifestly b...

This present article is intended to make a comparative analysis between a special mitigating circumstance which was introduced in 2010 in the Competition Law no. 21/1996, republished, with further amendments, and other legal institutions available both at the level of the national legislation in the competition field as well as the level of the European legislation in the context of the establishment of the sanction by the competition authori...

The cases under analysis are presented from two argumentation perspectives, a major one and a minor one, both leading (with regard to the same factual situation) to contrary solutions: admitting or dismissing the action for the liability of the administrator and/ or other managers for the debtor’s stopping payments.

This paper is addressed to those interested in and involved in the application of the legal norms regulating competition and it aims to make a brief presentation of a key-concept for the enforcement of the competition law – the relevant market. The presentation is a panorama of all the essential aspects of the concept – those on which the concept is based, composed of and to which the concept is directed – but without any assumption that the p...

The objective of this study is a brief critical and comparative analysis regarding some contrary dispositions contained in the Regulation for the organization and functioning of the Court of International Commercial Arbitration within the Chamber of Commerce and Industry of Romania (further referred to as the Regulation), the Rules of Arbitration of the Arbitration Court (the Rules) and the project of the new Code of Civil Procedure (the Code)...