Ruling issued in favour of ASF in October 2025

Bucharest, 10 November 2025 - In October 2025, the courts ruled in favour of ASF in the following relevant cases:

1. High Court of Cassation and Justice – Casefile No. 945/1/2025 

By Civil Decision No. 4514 of 9 October 2025, which is final, the court ruled in favor of ASF, against claimant Cârcei Elena.

The solution in a nutshell:

"Rejects the plea of inadmissibility raised by the respondent, the Lawyers' Insurance Fund. Rejects the appeal for annulment filed by Cârcei Elena against Decision No. 695 of 12 February 2025, of the High Court of Cassation and Justice - Administrative and Fiscal Section, pronounced in casefile No. 4256/2/2023, as unfounded. Orders the appellant, Cârcei Elena, to pay the sum of RON 800 in court costs to the The National Union of the Romanian Bars and RON 1,500 in court costs to the Lawyers' Insurance Fund. Final."

Subject matter: the appeal for annulment filed by the appellant against Civil Decision No. 695/12.02.2025, ruled by the High Court of Cassation and Justice in casefile no. 4256/2/2023, by which the court of appeal ordered the annulment of the appeal filed by the appellant-claimant Elena Cârcei against Civil Judgment No. 667/2024, ruled by the Bucharest Court of Appeal, by which the court of first instance dismissed the claimant's summons as inadmissible.

Notes: on the merits, the case concerned the action brought by the claimant, Cârcei Elena, in which she requested the court:

1. to declare the absolute nullity of the legal entity Casa de Asigurări a Avocaților (CAA) and the legal entity CAA - Bucharest Branch;
2. to oblige ASF to exercise its powers of authorisation, regulation, supervision and control over the lawyers' own pension fund as an occupational pension fund.

The court's decision can be consulted at:

https://www.scj.ro/1094/Detalii-dosar?customQuery%5B0%5D.Key=id&customQuery%5B0%5D.Value=100000000355891

2. High Court of Cassation and Justice – Casefile No. 3273/2/2024

By Civil Decision No. 4912 of 29 October 2025, which is final, the court ruled in favor of ASF, in opposition to the appellant-plaintiff Frățilă Constantin.

The solution in a nutshell:

"Rejects the appeal filed by appellant-plaintiff Frățilă Constantin against Civil Judgment No. 1908 of 15 November 2024, of the Bucharest Court of Appeal – Ninth Administrative and Fiscal Division, as unfounded. Final."

Subject matter: the appeal lodged by the claimant against Civil Judgment No. 1908/15.11.2024, handed down by the Bucharest Court of Appeal, whereby the court of first instance dismissed as unfounded the administrative action seeking the annulment of ASF Decision No. 390/18.04.2024.

Notes: on the merits, the case concerned the lawsuit filed by the plaintiff Frățilă Constantin, in which he requested the court to:

1. annul ASF Decision No. 390/18.04.2024 sanctioning this individual, as a member of the Supervisory Board of Transilvania Investments Alliance S.A., with a fine of RON 51,400;
2. to order ASF to pay the court costs.

The court's decision can be consulted at:

https://www.scj.ro/1094/Detalii-dosar?customQuery%5B0%5D.Key=id&customQuery%5B0%5D.Value=200000000435445

3. High Court of Cassation and Justice – Casefile No. 5492/2/2024

By Civil Decision No. 4929 of 29 October 2025, which is final, the court ruled in favor of ASF, against the appellant-claimant ICESA S.A.

The solution in a nutshell:

"Rejects the appeal filed by the appellant-claimant ICESA S.A. against the Decision of 9 October 2024, of the Bucharest Court of Appeal – Ninth Administrative and Fiscal Division, as unfounded. Final."

Subject matter: the appeal lodged by the claimant against the ruling dated 9 October 2024, whereby the court of first instance, the Bucharest Court of Appeal, dismissed as unfounded the request to suspend the enforcement of ASF Decision No. 750/26.07.2024 imposing a fine of RON 78,400 on this company, as the majority shareholder of the issuer UCM Reșița S.A.

Notes: On the merits, the case concerned the lawsuit filed by the plaintiff ICESA S.A., requesting the court to:

1. suspend the enforcement of ASF Decision No. 750/26.07.2024, in the sense of suspending ICESA S.A.'s obligation to pay the administrative fine and its obligation to submit the mandatory public offer, until the final resolution of the action for annulment;
2. annulment of ASF Decision No. 750/26.07.2024, as unfounded and unlawful;
3. ordering ASF to pay the legal costs incurred in this case.

Soluția instanței poate fi consultată la adresa:

https://www.scj.ro/1094/Detalii-dosar?customQuery%5B0%5D.Key=id&customQuery%5B0%5D.Value=200000000438916