PREMIERE THAT CRISTIAN RUSU LAWYER’S OFFICE – ORADEA HAS MADE

who obtained the cancellation of the RADIO/TV fee for active legal entities (Small and Medium Enterprises) and obliging restitution of the amounts of money unlawfully invoiced on the basis of an absurd government decision. Reference: file no. 880/35/2010 of the Oradea Court of Appeal and of the High Court of Cassation and Justice of Romania and file no. 7647/271/2012 of the Court of Oradea and the Bihor County Tribunal.

who obtained the granting of moral damages for the divorce pronounced by the party found guilty of breaking the relationship between husbands; the guilty party was ordered to pay the sum of approximately 9.000 Euros for moral damages in favor of the injured party.

which obtained the recognition of the unregulated nature of the Rasdaq Market, a matter of great importance in analyzing and regulating the Romanian capital market, as well as in interpreting the nature of legal relations established on this market, which was “unregulated”. Reference: file no. 5258/121/2008 of the Galati County Tribunal.

which have obtained a criminal conviction for committing the offense of sexual harassment; the guilty person was convicted of this type of crime and ordered to pay the amount of 7.000 RON in favor of the injured party after she complained of sexual abuse done by her boss, at the workplace. Reference: file no. 478/2205 of the Court of Alesd, the Bihor County Tribunal and the Oradea Court of Appeal.

which have obtained a criminal conviction for committing the offense of sexual harassment; the guilty person was convicted of this type of crime and ordered to pay the amount of 7.000 RON in favor of the injured party after she complained of sexual abuse done by her boss, at the workplace. Reference: file no. 478/2205 of the Court of Alesd, the Bihor County Tribunal and the Oradea Court of Appeal.

which have obtained the obligation of a public institution to pay moral damages in order to make the debts publicly known to the public; in particular, a town hall was obliged to pay 2.000 Euros as moral damages for the publication in the local newspaper of the personal data of the applicants in connection with the debts they had to the City Hall.

which got the obligation of a mobile phone company to dismantle antennas and auxiliary installations on a blockhouse with the medical argument inspired by the preventive principle enshrined in the Maastricht Treaty of Accession, which shows that as long as the consequences of electromagnetic radiation are not known for human health , it is necessary to remove any possible consequences by removing the antennas; there have previously been cases of compulsory dismantling of such installations in Romania (Pitesti and Ploiesti) but with legal arguments (lack of construction authorization, vices regarding the way of issuing the authorization, etc.) and not with medical arguments related to the danger of these facilities to human health. Following the decision of a judge in Rome, the judge’s decision in Oradea is the second in Europe to justify the dismantling of telephone calls based on the presumed danger to human health, a very controversial issue in both technical and legal doctrine.

which have obtained the cancellation of the administration fee (attention! Not risk fee – this is already the case) in the case of a credit agreement in progress, on interpretative arguments of the terms in the contract which we deemed abusive.

which obtained the removal of the delay increases and the penalties perceived by National Health Insurance House with the motivation that the passivity of this institution and the taxpayer’s incoherence in relation to the due debts represent an abusive attitude that cannot be transformed into a sanction against the taxpayers; the court held that the abusive attitude consists in the fact that the NHIH did not annually inform the taxpayer about the tax payment obligations, so that he cannot retain any fault or bad faith of the latter, which would commit the payment of the delay increases and penalties. (file no. 3130/111/2012 Bihor County Tribunal)

which have asked the bank to take over the property at the value of the last valuation performed by the bank itself, in the annual evaluation procedures, in order to avoid the asset being used at ridiculously low prices in the foreclosure procedures; at the time of her filing, our request seemed a strange thing, but almost 2 years after its filing towards The National Consumer Protection Agency has initiated a draft law based precisely on our own concept, namely that the collateral should cover the loan, and that the valuation of the good by the bank is the price at which the bank must use the good, and not the price of the foreclosure proceedings at all; the request is subject to file no. 12309/271/2013 and was rejected in the first instance, being pending before the Bihor County Tribunal;

which we have demanded from The National Tax Administration Agency to express the agreement that the customer’s car can be alienated to any person without the latter’s obligation as a buyer to pay the environmental stamp at the time of purchase; the action has a preparatory purpose, being done for the benefit of both parties of the transaction, until this date the practice is that the environmental tax is paid and then the buyer requests its recovery; the file is pending before the Bihor County Tribunal file no. 1870/111/2015

which we have demanded from The National Tax Administration Agency the pay damages for the wrong forms issued in the foreclosure proceedings, the cause having a generic purpose, not strictly and restrictively referring to a single foreclosure procedure; the application was rejected in the first instance on the ground that, even though The National Tax Administration Agency are wrong, each time the clients have at their hands the procedure of contesting the foreclosure for correcting the mistakes of the state; the file is pending before the Bihor County Tribunal file no. 24883/271/2014

that demanded the debtor’s obligation, as per contract, to be paid by the real value of a property that the client lost, property which was brought as a collateral in the contract; the novelty consists in justifying our claims on the basis of the right to housing, as a European consecration through several national laws, including the European Charta of Human Rights, a law which was ignored by the Romanian legislation; the file is pending before the Court of Oradea file no. 6619 / 271/2015.