Bucharest, August 4th, 2022 – In July 2022, the courts ruled in favour of A.S.F. in the following relevant cases:
1.Bucharest Court of Appeal- Case file no. 25613/3/2020
By Judgment no. 1815 of July 6th, 2022, Bucharest Court of Appeal rendered the following decision in favour of A.S.F. against the claimant. Societatea de Asigurare-Reasigurare City Insurance SA.
The solution in a nutshell:
“Takes note of the appellant-petitioner’s discontinuance of the appeal trial. Right of appeal within 15 days as of the judgment is served (…). Grants the appeal brought by the defendant- appellant, partly cancels the judgment and, further to retrial, dismisses the claimant’s petition to order the defendant to provide the information requested under point 4- with regard to the copy of the A.S. F’s Board Decision within the meeting held on June 12th, 2019 and to the anonymised transcript. Upholds the remainder of the civil judgment.
This judgment is final”.
Subject-matter of the case: action brought by Societatea de Asigurare-Reasigurare City Insurance SA in the matter of request for provision of information of public interest in the claimant’s view.
The court’s ruling can be found at:
https://portal.just.ro/2/SitePages/Dosar.aspx?id_dosar=300000000939332&id_inst=2
2.Bucharest Court of Appeal- Case file no. 1090/2/2018* (retrial)
By Judgment no. 169 of July 6th, 2022, Bucharest Court of Appeal rendered the following decision in favour of A.S.F., against the petitioner Mr. Ormenișan Ovidiu Adrian, i.e., the Brokers’ Association intervener (to support the petitioner).
The solution in a nutshell:
“Dismisses the action as ill-founded. Right of appeal within 15 days as of the date the instrument was served (…)”.
Subject-matter of the case: by the introductory petition, the claimant Mr. ORMENIȘAN Ovidiu Adrian, petitioned the Court to overturn the A.S.F.’s S Decision no. 1440 dated October 12th, 2017, whereby he was sanctioned as an agent for financial investment services and Head of Trading Department within S.S.I.F. BRK Financial Group S.A., with a fine of LEI 45,000 and the withdrawal of his authorisation of agent for financial investment services and prohibition for a period of three years from holding a position, carrying out an activity or providing a service for which authorisation is required under Law No .297/2004, as subsequently amended and supplemented.
Court’s ruling can be found at the following address:
https://portal.just.ro/2/SitePages/Dosar.aspx?id_dosar=200000000406296&id_inst=2
3. Bucharest Court of Appeal- Case file no. 3984/2/2021
By Judgment no. 1291 of July 8th, 2022, Bucharest Court of Appeal rendered the following decision in favour of A.S.F., against the claimant Vivendi International S.R.L., i.e. Societatea de Asigurare-Reasigurare City Insurance SA, by official receiver, CITR - CLUJ SPRL branch office.
The solution in a nutshell:
“Grants the plea of lack of representative status of the claimant, Societatea de Asigurare Reasigurare City Insurance SA, raised ex officio. Annuls the proceedings brought by the claimant,
Societatea de Asigurare Reasigurare City Insurance SA, on account of lack of proof as to the representative capacity. Dismisses the proceedings brought by claimant Vivendi International SRL against the defendant, Financial Supervisory Authority, as ill-founded. Right of appeal within 15 days as of the date the instrument was served (…)”.
Subject-matter of the case: by an introductory petition, the claimant petitioned the Court to overturn the A.S. F’s Decision no. 714 dated June 3rd, 2021 concerning the sanctioning of SAR City Insurance S.A. by a fine of Lei 2,930.7 and the establishment of certain measures.
Court’s ruling can be found at the following address:
https://portal.just.ro/2/SitePages/Dosar.aspx?id_dosar=200000000396702&id_inst=2
4. Bucharest Court of Appeal- Case file no. 5312/2/2021
By Judgment no. 1380 dated July 8th, 2022, Bucharest Court of Appeal rendered the following decision in favour of A.S.F, against petitioners: Mr. Behboud Madadi, Mr. Alexandru Ionel Secară and Mr. Florian Munteanu.
The solution in a nutshell:
“Dismisses the petition as amended, as ill-founded.
Right of appeal (…)”.
Subject-matter of the case: claimants petitioned the court to: order A.S.F. to rule the suspension, by SIF Muntenia S.A., of voting right relating to the shares held by SIF Muntenia S.A. indirectly through intermediaries, investment funds: FDI Prosper Invest, FII Bet-FI Index Invest, FII Optim Invest, FIA Certinvest Acțiuni, FDI Active Dinamic, FII Active Plus, FDI Star Next, Romania Strategy Fund managed by the investment management companies: SAI Swiss Capital, SAI Broker SA, SAI Certinvest SA, SAI Star Asset Management SA, considering the A.S.F.’s unjustified refusal to issue such document.
The court’s ruling can be found at:
https://portal.just.ro/2/SitePages/Dosar.aspx?id_dosar=200000000398657&id_inst=2
5. Bucharest Court of Appeal- Case file no. 494/2/2022
By Judgment no. 1415 on July 15th, 2022, Bucharest Court of Appeal rendered the following decision in favour of A.S.F., against the claimant Mr. Adrian Andrici, in his capacity as member of the Board of Directors within S.I.F. Oltenia S.A. on the A.S. F’s decision issue date.
The solution in a nutshell:
Dismisses the plea of lack of jurisdiction as ill-founded. Dismisses the proceedings brought, as ill-founded.
Right of appeal within 15 days as of the date the instrument was served (…)”.
Subject-matter of the case: action brought by the claimant, whereby he sought principally to overturn the A.S. F’s Decision no. 1135 dated September 15th, 2021 with regard to the withdrawal of the approval granted by A.S.F. to Mr. ANDRICI Adrian, in his capacity as member of the Board of Directors of S.I.F. Oltenia S.A., by Authorization no. 191 dated December 3rd, 2020.
The court’s ruling can be found at:
https://portal.just.ro/2/SitePages/Dosar.aspx?id_dosar=200000000404187&id_inst=2
6. Sector 3 District Corut - Case file no. 3098/301/2022
By Judgment no. 7133 dated July 20th, 2022, Sector 3 District Court rendered the following decision in favour of A.S.F., against claimant Mr. Beicuş Cristinel Dumitru.
The solution in a nutshell:
“Grants the plea of lack of locus standi raised by the Financial Supervisory Authority. Dismisses the application brought against the Financial Supervisory Authority, as being brought against a person without locus standi. Grants the plea of inadmissibility, raised by the Fondul de Garantare a Asiguraţilor (EN: Insurance Guarantee Fund), as ill-founded. Dismisses the claimant’s petition to order the defendants to pay court fees, as ill-founded.
Right of appeal within 30 days as of the date the instrument was served (…)”.
Subject-matter of the case: petition brought by the claimant, whereby they sought from the court to order the defendants: Fondul de Garantare a Asiguraților, Societatea de Asigurare-Reasigurare City Insurance S.A. and A.S.F., to pay the sum of Lei 7,712.8 in title of damage caused due to the occurrence of road events.
The court’s ruling can be found at:
https://portal.just.ro/301/SitePages/Dosar.aspx?id_dosar=30100000000700720&id_inst=301
7. Bucharest Court of Appeal- Case file no. 495/2/2022
By Judgment no. 1329/22.07.2022, Bucharest Court of Appeal rendered the following decision in favour of A.S.F., against the claimant, Euroins România Asigurare-Reasigurare S.A.
The solution in a nutshell:
“Dismisses the petition brought as ill-founded.
Right of appeal within 15 days as of the date the instrument was served (…)”.
Subject-matter of the case: action brought by Societatea Euroins România Asigurare-Reasigurare S.A. whereby it challenged the A.S. F’s Decision no. 1662 dated December 21st, 2021 on the sanctioning by a fine of Lei 3,546.000 of the company and measures imposed against it.
The court’s ruling can be found at:
https://portal.just.ro/2/SitePages/Dosar.aspx?id_dosar=200000000404188&id_inst=2
8. Bucharest Court of Appeal- Case file no. 2797/2/2019*
By Judgment no. 1328 dated July 22nd, 2022, Bucharest Court of Appeal rendered the following decision in favour of A.S.F. against claimants, Constantin Ştefan and Electroargeş SA.
The solution in a nutshell:
“Dismisses the petition as ill-founded.
Right of appeal within 15 days as of the date the instrument was served (…)”.
Subject-matter of the case: claimants principally sought from the Court to overturn the A.S. F’s Decision no. 1160 dated September 26th, 2019, whereby Mr. Constantin Ștefan, in his capacity as Chairman of the Board of Directors of the Company Electroargeș S.A. Curtea de Argeș, was sanctioned to a fine of Lei 15,000.
The court’s ruling can be found at:
https://portal.just.ro/2/SitePages/Dosar.aspx?id_dosar=200000000408370&id_inst=2
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