Bucharest, 12 June 2023 - In May 2023, the courts ruled in favour of ASF in the following relevant cases:
High Court of Cassation and Justice - Case No. 6140/2/2022
By Judgment No. 2257/3.05.2023, the court ruled in favour of ASF, against ABC Asigurări Reasigurări S.A.
The solution in a nutshell:
"Dismisses the appeal brought by the plaintiff ABC Asigurări Reasigurări S.A. against Civil Judgment No. 1376 of 5 September 2022, delivered by the Bucharest Court of Appeal - Administrative and Fiscal Litigation Section VIII, as unfounded.
This judgment is final."
Subject-matter: Appeal brought by ABC Asigurări Reasigurări S.A. against the judgment of the Bucharest Court of Appeal No. 1376 of 5 September 2022, by which the Bucharest Court of Appeal dismissed the plaintiff’s application as ill-founded.
Mentions: on the merits, the case concerned the suspension of the execution of the measure provided for in Article 2 of the ASF Decision No. 880/11.07.2022 by which the company was required to submit to the ASF, within 2 (two) months from the date of receipt of the decision, for approval, a recovery plan with measures to restore the level of eligible own funds covering the SCR or to change the risk profile, so that within 6 (six) months the SCR would again be respected.
The court's ruling can be found at:
By Judgment No 768/5.05.2023, the court rendered a partly favourable decision in favour of ASF, against the plaintiff Chiș Grigore, as manager of S.S.I.F. BRK S.A.
The solution in a nutshell:
"Grants in part the application brought forward. Annuls in part Decisions No. 1443/12.10.2017 and No. 51/11.02.2018 issued by the defendant ASF, solely with regard to the contraventions found in points 7 and 10 of ASF Decision No. 1443/12.10.2017 and removes the contravention penalties imposed on the plaintiff for these contraventions. Dismisses the remainder of the application as unfounded. Orders the defendant to pay to the applicant the sum of RON 1,050 in respect of costs - lawyer's fees and court stamp duty.
With a right of appeal within 15 days of notification (...)"
Subject matter: annulment of ASF Decision No 1443/12.10.2017 imposing a fine of RON 22,500 on Mr Grigore Chiș, as manager of SSIF BRK S.A., and of ASF Decision No 51/11.01.2018 on the preliminary complaint.
Notes: the case is under retrial, following the civil decision No. 4066/21.09.2022 of the Court of Cassation, which ordered the annulment of the civil decision No. 2124/28.06.2019, by which the CAB-SCAF ordered the annulment of the ASF decision No. 1443/12.10.2017 and the ASF decision No. 51/11.01.2018.
In fact, by its decision on the merits, the Bucharest Court of Appeal did not order a reduction of the penalty imposed on the plaintiff, but merely annulled the contested decision in respect of the offences referred to in points 7 and 10, without the amount of the fine of RON 22,500 being affected by the removal of the penalties imposed on the applicant for those offences. Consequently, the contested decisions were upheld as well founded and lawful.
The court's ruling can be found at:
https://portal.just.ro/2/SitePages/Dosar.aspx?id_dosar=200000000419672&id_inst=2
By Judgment No. 902/18.05.2023, the court ruled in favour of ASF, against the plaintiff Vieru Laurențiu Emil, as a member of the Board of Directors of Navexim S.A.
The solution in a nutshell:
"Dismisses the application as unfounded.
Right to appeal, within 15 days from the communication (...)"
Subject-matter of the case: challenge to ASF Decision No. 1735/28.12.2022, by which the plaintiff was fined RON 18, 500 as a member of the Board of Directors of Navexim S.A.
The court's ruling can be found at:
https://portal.just.ro/2/SitePages/Dosar.aspx?id_dosar=200000000417674&id_inst=2
By Judgment No. 2969/23.05.2023, the court ruled in favour of ASF, against the plaintiff Pascale Cristian.
The solution in a nutshell:
"Admits the plea of lateness raised by the defendant in its defence. Dismisses the application as untimely brought forward.
Right to appeal within 15 days from the communication (...)"
Subject-matter of the case: by a complaint lodged with the Bucharest County Court, the plaintiff Pascale Cristian requested a number of documents and information, pursuant to the provisions of Law No. 544/2001 on access to information of public interest.
The court's ruling can be found at:
https://portal.just.ro/3/SitePages/Dosar.aspx?id_dosar=300000001051823&id_inst=3
By Judgment No. 2736/23.05.2023, the High Court of Cassation and Justice ruled in favour of ASF, against the plaintiff Ciobotărică Ion Laurențiu, in his capacity as Chairman of the Board of Directors of VES S.A.
The solution in a nutshell:
"Admits the appeal brought by the defendant Financial Supervisory Authority against Civil Judgment No. 678 of 30 July 2020 delivered by the Bucharest Court of Appeal - Administrative and Fiscal Litigation Section VIII. Sets aside in part the civil judgment under appeal and remands the case to the Court of First Instance: Dismisses in its entirety the action brought by the plaintiff Ciobotărică Ion Laurențiu, against the defendant Financial Supervisory Authority, as unfounded.
This judgment is final. "
Subject-matter: Appeal brought by ASF against Civil Judgment No. 678/30.07.2020 by which the court granted in part the application and ordered:
"Annuls in part Decisions No. 714/22.05.2019 and No. 938/19.07.2019, both issued by the defendant ASF, only with regard to the contravention provided for in Article 126 para. (1) letter a) point 3 of Law No. 24/2017 with reference to Art. 127 para. (1) lit. c) point 2 (i) and art. 82 para. 1 of the same law.
Reduces accordingly the amount of the fine imposed from RON 13,000 to RON 3,000.
Orders ASF to pay the plaintiff the sum of RON 30 by way of costs [...].
Dismisses the remainder of the action, including the remainder of the costs requested by the plaintiff."
Note: on the merits, the case concerned the annulment of ASF Decision No. 714/22.05.2019 (fine of RON 13,000) and ASF Decision No. 938/19.07.2019 (rejection of prior complaint).
The court's ruling can be found at:
By Judgment No. 913/26.05.2023, the Bucharest Court of Appeal ruled in favour of ASF, against the plaintiff Bogdan Alexander Adamescu, in his capacity as Chairman of the Board of Directors and legal representative of Compania Hotelieră Intercontinental România S.A.
The solution in a nutshell:
"Dismisses the action as unfounded.
Right to appeal within 15 days of notification (...)."
Subject-matter of the case: The applicant sought, principally, the annulment of ASF Decisions No. 171/17.02.2022 and No. 438/07.04.2022 and, consequently, the annulment of all the measures ordered under ASF Decision No. 171/17.02.2022, namely that of the sanctioning of the applicant, Bogdan Alexander Adamescu, with a fine of RON 25,000.
The court's ruling can be found at:
https://portal.just.ro/2/SitePages/Dosar.aspx?id_dosar=200000000407614&id_inst=2
By Judgment No. 2926/30.05.2023, the High Court of Cassation and Justice ruled in favour of ASF, versus Confederația Operatorilor şi Transportatorilor Autorizați din România (C.O.T.A.R. =Confederation of Operators and Authorised Carriers of Romania).
The solution in a nutshell:
"Dismisses the appeal brought by the plaintiff Confederația Operatorilor și Transportatorilor Autorizați din România against civil judgment No. 2329 of 6 December 2022 of the Bucharest Court of Appeal - Ninth Administrative and Fiscal Division, as unfounded.
This judgment is final."
Subject matter: appeal brought by C.O.T.A.R. against Civil Judgment No. 2329/6.12.2022, by which the Bucharest Court of Appeal rejected C.O.T.A.R.'s application for suspension of the execution of the provisions of Article I, points 16-20 of ASF Rule No. 18/2022 amending and supplementing ASF Rule No. 20/2017 on motor insurance in Romania.
The court's ruling can be found at:
By Judgment No. 3003/31.05.2023, the High Court of Cassation and Justice ruled in favour of ASF, against the appellant Dumitru Carapiti, as Vice-Chairman of the Supervisory Board of SIF Transilvania S.A.
The solution in a nutshell:
"Dismisses the appeal brought by Carapiti Dumitru against Civil Judgment No. 746 delivered on 11 May 2021 by the Bucharest Court of Appeal - Administrative and Fiscal Litigation Section VIII, as unfounded.
This judgment is final."
Subject-matter: Appeal brought by the appellant against Civil Judgment No. 746/11.05.2021, by which the Bucharest Court of Appeal dismissed the action brought by Mr. Dumitru Carapiti as unfounded.
Mentions: on the merits, the case concerned the annulment of the ASF Decision No. 811/08.07.2020, by which Dumitru Carapiti was fined RON 20,000, as Vice-Chairman of the Supervisory Board of SIF Transilvania S.A.
The court's ruling can be found at:
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