The Electronic Signature and Trust Services Law (No. 214/2024) was recently published in the Romanian Official Gazette and will come into effect on October 8, 2024. This law clarifies the legal effects of various types of electronic signatures and regulates the validity of electronically signed documents, aligning with the European eIDAS Regulation. Defining Simple Electronic Signatures A key novelty is […]
A groundbreaking final court decision vs The National Authority for Consumer Protection (ANPC) obtained in favor of an international bank in a high-profile dispute has received in-depth coverage on the news recently. The case was won before in the appeal stage on July 4, 2024 when the Bucharest Tribunal has issued a final ruling. The court has endorsed the legal […]
On October 22, 2023, Romania enacted a new law aimed at providing priority access to pregnant women and persons accompanying children under the age of 5. Officially published in the Monitorul Oficial no. 994 on October 19 2023, and entered into force 3 days latter, the new piece of legislation serves as a legislative acknowledgment of the “bunele maniere” (good […]
This article examines a landmark ruling by the High Court of Cassation and Justice, which addresses a critical judicial dilemma over the authority to resolve disputes in public procurement contracts. This concern has gained prominence following the recent amendments to Law no. 101/2016 by Law no. 208/2022, effective as of September 10, 2022. The Court’s decision primarily centers on assigning […]
Government Ordinance No. 43/1997 (‘Codul Rutier’), which governs road conditions in Romania, has recently undergone some amendments. The new changes, encapsulated in Ordinance No. 37/2023, aim to increase the safety of road users and raise awareness regarding restricted or closed roads. The new changes will enter into force as of 01 October 2023. Identification of Hazardous Trees The new ordinance […]
In today’s rapidly evolving business landscape, encountering commercial disputes is nearly unavoidable. Such conflicts can manifest in a range of ways, from partnership disputes and real estate claims to contractual disagreements, all of which can disrupt your operations and impact your business. Knowing how to navigate these challenges is vital. The following guide offers essential steps to take if your […]
In a recent Decision, the High Court of Cassation and Justice in Romania has illuminated an intricate aspect of the process – the panel number criteria when a court of appeal is called to decide on transfer of file requests from one court to another. Should it involve a single judge or multiple judges? This article succinctly summarizes the court […]
Romania’s Competition Council published on July 31, 2023 guidelines pertaining to the maximum resale prices that could be established in retail markets (‘ORIENTĂRI CU PRIVIRE LA PLAFOANELE MAXIMALE ALE PREȚURILOR DE REVÂNZARE CE POT FI STABILITE PE PIEȚELE DE RETAIL’). The guidelines are intended to help suppliers and retailers understand when it is permissible to impose a maximum resale price […]
The European Court of Justice (ECJ) recently issued a significant ruling declaring Hungary’s foreign investment screening law inconsistent with EU law, specifically the freedom of establishment in Article 54 TFEU. The case, known as Xella Magyarország v. Innovációs és Technológiai Miniszter, provides essential insights into FDI screening within the EU and raises pertinent points for consideration. Background In the EU, […]
The Court of Justice of the European Union (CJEU) laid down a watershed ruling on December 7, 2022, in preliminary ruling case C-566/21. This significant judgment clarified the bounds of protection granted under Directive 93/13/EEC, expressing that consumer protection should not be manipulated into a tool for acquiring economic gains or disrupting contractual equilibrium. Understanding the Directive 93/13/EEC The interpretation […]
