Legal News by BBW LAW, April 2023

Wed | 24.05.2023

Legal

LEGAL NEWS

New deadlines & rules applicable to injunctions to suspend the execution of administrative acts

Stricter rules and deadlines apply as of 21 April 2023 for the injunctions to suspend the execution of administrative acts in court. Interested parties will have to assess swiftly and carefully the situations where they intend to file for injunctions to suspend the execution of administrative acts in order not to miss the new deadlines or conditions.

Injunctions to suspend the execution of administrative acts prior to filing an action for annulment (known as Article 14 injunctions)

Injunctions to suspend the execution of administrative acts that cannot be revoked anymore (because they have entered into civil circulation and produced legal effects) have to be filed within a maximum period of 30 days from becoming aware of the content thereof. This is a new deadline as previously it was possible to file an Article 14 injunction at any time prior to filing for annulment.

Injunctions to suspend the execution of administrative acts that are susceptible of revocation can be filed at any time following the filing of the administrative preliminary complaint for revocation and prior to filing for annulment.

In case an Article 14 injunction for suspension is filed, the subsequent action for annulment has to be filed within a maximum period of 60 days; otherwise, the filing for suspension becomes obsolete and the suspension (if granted in the meantime) ceases automatically.

Injunctions to suspend the execution of administrative acts during annulment proceedings (known as Article 15 injunctions)

Injunctions to suspend the execution of administrative acts during annulment proceedings must be filed either at the same time as the action for annulment or within a maximum of 60 days thereafter.

Previously it was possible to file for an Article 15 injunction until the end of the proceedings before the first instance court.

Publicity of building permits

New obligations and enhanced publicity have to be considered in relation to building permits as of 21 April 2023.

Before starting the construction works, the holder of the building permit shall:

record the building permit in the land register of the building;
announce the investment as well as the number and date of the building permit in a widely circulated newspaper, the regulation does not mention whether the newspaper must be national or local;
place the panel regarding the investment in a visible place on the construction site.

At the same time, the issuing authority has to display the building permit and the main conditions thereof (e.q. POT, CUT) on its website or at its headquarters.

Performing all publicity formalities above becomes important since the building permit is considered brought to the attention of the interested social bodies on the date of completion of the last of the formalities above.

The date on which the building permit is deemed to have been brought to the attention of the interested social bodies is further significant because it triggers the commencement of the period within which such bodies may initiate legal proceedings for the annulment or suspension of the building permit.

If interested in filing an action for the annulment or suspension of a building permit, the interested social bodies – which include NGOs, associations, foundations, and similar entities, whose purpose is to protect the rights of various categories of citizens or, as the case may be, to ensure the proper functioning of public administrative services – have to file it within 60 days as of the date on which the building permit is deemed to have been brought to their attention or, if a preliminary complaint was required, within 60 days as of the response to such complaint. The new deadlines should generally only be applicable to the relevant interested social bodies, while other entities or individuals authorized to initiate legal action should still be able to do so within the general filing deadlines established by the administrative litigation law.

6-month temporary capping of MTPL premiums

Following the withdrawal of the operating licenses of the two largest MTPL insurers in the last two years, the MTPL premiums have been capped for a period of 6 months as of 11 April 2023.

In the same time, the compensation for loss of use granted under capped MTPL policies, which includes the car rental costs for a replacement vehicle, has been limited to the amount charged by independent car rental companies.

Practical information for employers intending to request the inclusion in a relevant collective bargaining sector

Employers intending to be included in a relevant collective bargaining sector have to send a standard request to the Ministry of Labor and Social Solidarity and such request will be made public on the Ministry’s website.

The inclusion in the requested collective bargaining sector is carried out during the validity period of the collective labor agreement, respectively from the date of registration of the request, and is extended by law if there is no other request from the said employer.

ECJ Decision in joined cases C-775/21 and C-826/21

In two joined cases referred by the Romanian courts involving an air carrier and a rail carrier, the ECJ ruled that broadcasting a musical work as ambient music in a means of passenger transport constitutes a public communication within the meaning of Union law and therefore may fall in the scope of royalties due to the holders of economic copyrights in musical works. However, the simple installation, on board a means of transport, of sound equipment and, if applicable, of a computer program for broadcasting ambient music does not constitute such a communication.

Disclaimer: The information provided herein is in no way exhaustive and does not, and is not intended to, constitute legal advice. Readers of this Article should contact their attorney to obtain advice with respect to any particular legal matter.

This article is provided by our Legal Partner BBW LAW l BORA BANU van de WAART.

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