Some Considerations Regarding the Application for Damages Formed Under art. 19 of Law no. 554/2004
DOI:
https://doi.org/10.18662/eljpa/7.1/121Keywords:
Administrative litigation, claim for damages, term, conditions.Abstract
Considering the specific nature of the claims in the matter of the administrative litigation, an action aimed at damages can only be considered as an accessory request for an action regarding the legality of an administrative act, whether it is typical or assimilated, in this respect the provisions of art. 8 paragraph (1) in conjunction with art. 18 paragraphs (1) and (3) of Law no. 554/2004, as the High Court rules in a case having as its object a negative conflict of jurisdiction [1].
The present article analyzes the hypothesis of the refusal of the local public authority to issue a document necessary to complete the file for obtaining the subsidies from APIA, in the light of obtaining compensation from the public authority that refused to issue the act. The interest here is the need to formulate the main action, the possibility of claiming damages separately, the competent court, the analysis of the application formulation term, the analysis of the cumulative conditions required for admitting the action.
References
The High Court of Cassation and Justice, Decision no. 1008/2018 on a negative conflict of jurisdiction. Available from: http://www.scj.ro/1093/Detalii-jurisprudenta?customQuery%5B0%5D.Key=id&customQuery%5B0%5D.Value=143309, 2018
Ministry of Agriculture and Rural Development, Order no. 1468 / 09.06.2015, published in the Official Monitor no. 411/2015
Romanian Parliament, Law no. 554/2004, as amended by Law no. 212/2018, published in the Official Monitor no. 658/2018
The High Court of Cassation and Justice, Decision no. 61/2018
for a preliminary ruling on a question of law, http://www.cdep.ro/pls/legis/legis_pck.lista_anuala?an=2018&emi=240&tip=17&rep=0, 2018
The High Court of Cassation and Justice, Decision no. 4728/2011, https://legeaz.net/monitorul-oficial-905-2018/contencios-termen-prescriptie-despagubiri, 2011
The High Court of Cassation and Justice, Decision no. 1115/2007, https://www.hamangiu.ro/upload/cuprins_extras/contencios-administrativ_extras.pdf, 2007
The High Court of Cassation and Justice,
Minute of the meeting of the representatives of the Superior Council of Magistracy with the presidents of the administrative and fiscal contentious sections, Suceava, http://www.inm-lex.ro/fisiere/d_758/Minuta%20intalnire%20contencios%20administrativ%20Suceava,%20octombrie%202014.pdf, 2014
The High Court of Cassation and Justice, Decision no. 5036/2010, https://legeaz.net/spete-contencios-inalta-curte-iccj-2010/decizia-5036-2010, 2010
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