DECISION 9/2015, KEY DECISION OF THE HIGH COURT OF CASSATION AND JUSTICE OF ROMANIA - IMPOUNDING CARS IS ILLEGAL

Abstract

The article analyses the latest decision of the High Court of Justice of Romania, regarding impounding cars, a problem that was differently solved through the years by many of the Romanian courts. As a matter of fact, this decision considered in a correct manner that the procedure of applying the technical administrative measure, i.e. impounding the cars parked/ stationed illegally on the roads stipulated by article 64 and article 97 of GEO no. 195/2002, cannot be regulated by decisions of local councils. By interpreting the current laws one may see that the complementary contravention sanction does not carry a repressive role, this role belonging to the main contravention sanctions. Their real role is a preventive one, such as removing a state of danger and preventing the perpetration of other acts prohibited by law. Even before this decision appeared we believed that, besides the fact that we dealt with a case of unjust enrichment, we were also faced with an unlawful act, impounding cars violating the right of property of the citizen because, the car being moved out of his control ,without their consent, and it entered, for a short period of time, in the custody of the impoundment company. We consider that the decision no 9/2015 became a revolutionary one and, in the same time, it has the role to promote an equable practice of courts in respect of this technical administrative measure.