The agenda of a meeting of the general shareholders meeting may be completed at the request of the entitled shareholders or at the request of the Financial Supervisory Authority. The request for completing the agenda of a meeting of the general meeting of the shareholders by the Financial Supervisory Authority can be done in compliance with the terms and procedure stipulated by the primary and secondary legal provisions.The protection of ...

The paper at hand analyzes Case C-349/17 – Eesti Pagar as a landmark decision in the development of the Court of Justice of the European Union’s case law on the decentralized enforcement of State aid rules. Through this judgment, the CJEU reaffirmed the essential institutional role of national courts in ensuring compliance with Article 108(3) TFEU, highlighting their duty to assess ex officio the legality of public support measures, t...

Legal writing is one of the main methods of conveying information and persuasion.Beyond legal norms, the unwritten rules of drafting professional documents play a significant role in achieving the desired success. They are the professional’s business card and the vehicle through which solutions are proposed to address the substance of legal issues. If unknown or ignored, they will silently work against the writer who proceeds out of mere...

Personal liability of the directors towards the creditors follows the liability of the legal person, the one that is damaged by the torts of the directors, so that it aims to reintegrate the corporate assets. The damage thus affects the legal person and only indirectly and implicitly the creditors, the latter being the recipients of the compensation only in the case of the judicial liquidation of the legal person.The personal liability c...

My main goal writing this article was to organize the possible rulings in a regular civil claim procedure against an undertaking which became subject to an insolvency procedure. In order to achieve my goal, I analyzed the nature of the judgments of stay and closing imposed by art. 75 paragraph 1 from Law no. 85/2014.I concluded that both stay, and closing, are part of the same automatic stay international principle, and not two independe...

The present paper analyses the essential facilities doctrine and its application in the decisions of the European Commission and the case-law of the European Court of Justice in cases of abuse of dominant position. More precisely, the paper seeks to explore the conditions in which a dominant undertaking may be obliged to share with its competitors access to certain goods, services or rights which the former holds under exclusivity and which ar...

The definition of the administrative procedure sought to relieve the courts, by transferring to the insolvency commissions the role of mediator between the debtors and the creditors for the realization of a debt repayment plan through which most of the debts are covered or even in full but without accessories, in a reasonable period. ...

In the legal system, persuasion plays a central role in the success or failure of cases presented before the court. An attorney’s ability to convince the judge is not solely based on the presentation of solid legal arguments but also on a complex set of psychological and emotional factors. Among these, the identity and identification of judges with the attorneys’ arguments are essential. These elements contribute to creating a connection betwe...

As Armour, Hansmann & Kraakman’s classic Anatomy of Corporate Law attests, limited liability is a powerful “owner shield”, in fact, the reverse of “entity shielding” and, together with it, two of the main components of legal personality.The “company shield” protects the company’s assets from the possible claims of the shareholders’ creditors, while the “shareholders’ shield” protects the shareholders’ assets from those of the company’...

As legal practitioners, lawyers play a critical role in upholding justice and defending the rights of their clients. However, the power of persuasion that comes with the profession can be easily misused if not exercised ethically. Ethical oratory is crucial for lawyers, as it ensures that they do not cross the line between advocating for their clients and manipulating or misleading the court. In this context, ethical oratory refers to the use ...