Bucharest, 4 May 2023 - In April 2023, the courts ruled in favour of A.S.F. in the following relevant cases:
By Judgment no. 196/5.04.2023, the Bucharest Court of Appeal rendered a decision in favour of A.S.F., against the plaintiff S.S.I.F. Interdealer Capital Invest S.A.
The solution in a nutshell:
"The application is dismissed.
Right of appeal within 5 days of the judgment’s ruling."
Subject-matter of the case: Action brought by the applicant S.S.I.F. Interdealer Capital Invest S.A. for annulment of A.S.F. Decision no. 2/5.01.2022 restricting the activity of S.S.I.F. for a period of 90 days (subsequently amended to 180 days) and an order that the defendant A.S.F. pay the costs of the proceedings.
The court's ruling can be found at:
https://portal.just.ro/33/SitePages/Dosar.aspx?id_dosar=200000000404307&id_inst=33
By Judgment no. 669/21.04.2023, the Bucharest Court of Appeal rendered a decision in favour of A.S.F., against the plaintiff Oancea Daniel, as general manager of IOR S.A.
The solution in a nutshell:
"Dismisses the plea of belatedness as unfounded. Dismisses the action as unfounded.
With a 15-day appeal since the judgment is served (...)"
Subject-matter of the case: Action for annulment in its entirety of A.S.F. Decision no. 1174/25.08.2022, by which the applicant was sanctioned with a warning, in his capacity as general manager of IOR S.A., as rectified by A.S.F. Decision no. 1249/13.09.2022.
The court's ruling can be found at:
https://portal.just.ro/2/SitePages/Dosar.aspx?id_dosar=200000000413504&id_inst=2
By the Final Judgment (dismissal), the Court of First Instance ruled in favour of A.S.F. against the applicants Euroins Romania Asigurare-Reasigurare S.A. and Euroins Insurance Group AD.
The solution in a nutshell:
"Admit the plea of inadmissibility of the application for interim suspension of the enforceability of administrative acts, a plea raised by the court of its own motion. Dismisses the application for interim suspension of the enforceability of administrative acts as inadmissible. On the basis of Article 1064 para. (4) of the Civil Procedure Code, orders the return of the security deposited by the applicants, in the amount of RON 1,000, deposited with deposit receipt no. 209078503/1/20.04.2023 issued by CEC Bank S.A.- Victoria Branch.
Without appeal."th
Subject-matter of the case: Application for interim suspension of A.S.F. Decision no. 262/17.03.2023 (which ordered e withdrawal of the operating authorisation of Euroins Romania Asigurare-Reasigurare S.A., the declaration of insolvency and the promotion of the application for the opening of bankruptcy proceedings against it) pending the outcome of the application for suspension in Case No 2441/2/2023.
The court's ruling can be found at:
https://portal.just.ro/2/SitePages/Dosar.aspx?id_dosar=200000000421225&id_inst=2
By Judgment no. 745/27.04.2023, the Bucharest Court of Appeal ruled in favour of A.S.F., against the plaintiffs Euroins România Asigurare-Reasigurare S.A. and Euroins Insurance Group AD.
The solution in a nutshell:
"Dismisses the application for suspension as unfounded.
With an appeal within 5 days since the judgment is served (...)"
Subject-matter of the case: (i) suspension of ASF Decision no. 262/17.03.2023 on the withdrawal of the operating authorisation of Euroins Romania Asigurare-Reasigurare S.A., the declaration of insolvency and the promotion of the petition for the opening of bankruptcy proceedings against it, of ASF Decision no. 264/17.03.2023 on the appointment of the Policyholders Guarantee Fund as interim administrator of Euroins S.A., as a subsequent act, and of any subsequent acts and operations;
(ii) order A.S.F. to pay the costs.
The court's ruling can be found at:
https://portal.just.ro/2/SitePages/Dosar.aspx?id_dosar=200000000420887&id_inst=2
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