The paper analyses the new collective actions for elimination of unfair terms from consumer contracts with regard to the effects of the judgments rendered in these cases. The judicial instruments for correcting unfair terms from standard contracts create an incomplete mechanism which produces an improper erga omnes effect.In the context of postponing this regulation, a legislative intervention is required for optimizing judgment...

The coming into force of the new Romanian Civil Procedure Code, on February 15th 2013, has resulted in new rules on the civil trial with a foreign element, repealing the last remaining articles of Law no. 105/1992. This paper is the second of a series which aims to provide a general analisys of the new legal provisions, correlating them with the former regulation and relevant jurisprudence, as well as the European legislation with which it mi...

This article deals with the issue of assignment of litigation rights and how this matter has been regulated in tax law and the relationship between tax issues and civilian regulation and case-law. We followed the definition of the claim against the Romanian state in the light of European Court of Human Rights case-law and how the effects of these decisions are mostly applicable in conceptualizing the tax treatment of property alienation of per...

A new dynamic is underway against tax evasion. In the United States, the “Foreign Account Tax Compliance Act” – FATCA was adopted in 2010, which obliges banks and other financial institutions (including mutual funds pensions) established abroad to report to the US IRS the assets and transactions of their clients, regardless of whether they are US citizens or residents.Transposed to Europe, it allows to know who, among t...

The application in time of the Regulation on insolvency proceedings, which started before the accession of the new Member States and remained in force after the entry into force of EU law (when EU law came into force during the insolvency proceedings) was questionable. Unfortunately, it seems that in the preliminary ruling pronounced in case Erste/B.C.L., the European Court ignored the complexity of the issue as related to private internation...

The article examines the protection of databases by copyright. It is discused the legitimacy of this protection and the particularities of the legal regime of the protection of databases in the European Union. In addition, are analyzed the solutions of the Court of Justice of the European Union, regarding this matter. ...

The relationship between the dispute settlement mechanism of the World Trade Organization (WTO) and the human right to health is extremely complex and it covers a wide spectrum of ethical, political and juridical issues. The WTO applicable law includes provisions, such as Article XX letter b) of the GATT, that make us believe that the human right to health is determinant in interpreting the obligations of the WTO Members and their refuse to co...

In the present study, the author analyses the matter of the market abuse sanctioning policy in Europe and especially in Romania. The study starts with a short presentation of the sanctioning policy in the Member States. At this level, two main approaches can be identified: (i) the „both” approach. In this approach, market abuse can give rise both to administrative and criminal sanctions and (ii) the “either or” approach. In this approach, nat...

This article aims at analysing the specific issues that may arise in the public procurement proceedings, with a focus on bid-rigging practices and the behaviour of public authorities as forms of anticompetitive conducts expressly regulated by the Competition Act no. 21/1996. Moreover, given the recent practice of the Competition Council, the authors have also presented the particularities of relevant markets definition in the case of anticompe...

In this crisp analysis of the TeliaSonera case, which has recently been adjudicated by the Swedish Court of Appeal, the economic and legal logic supporting the finding of a serious form of abuse of dominance has been exposed. The foundation of the case law dealing with unilateral practices is Michelin, Case 322/81 establishing that Article 102 TFEU refers not only to practices that may cause damage to consumers directly, but also to those whic...