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    Judgements ruled in favour of the Financial Supervisory Authority in May 2025

Judgements ruled in favour of the Financial Supervisory Authority in May 2025

Bucharest, 17 June 2025 - In May 2025, courts ruled in favour of ASF in the following cases:

 

  1. High Court of Cassation and Justice- Case file no. 6795/2/2022

By Judgement no. 2419/08.05.2025, the High Court of Cassation and Justice rendered a favourable decision to ASF, against the appellant-claimant Adamescu Bogdan Alexander, in his capacity as Chairman of the Board of Directors nd legal representative of the company Unirea Shopping Center S.A..

Ruling made in brief:

"Rejects the objection of nullity of the appeal raised by the respondent-defendant. “Dismisses the appeal brought by claimant Adamescu Bogdan Alexander against Judgment no. 114 of 26 January 2023, delivered by the Bucharest Court of Appeal - 8th Division for Administrative and Fiscal Litigation, as unfounded.

Final.”

Subject matter of the case: the appeal brought by the appellant-claimant against Civil Judgement no. 114/26.01.2023, by which the Bucharest Court of Appeal dismissed the application for summons to judgement as unfounded.

Notes: on the merits, the case concerned the action brought by the appellant-claimant, Adamescu Bogdan Alexander, in which he requested the court:

(i) mainly, to annul ASF Decision No. 1166/28.08.2022, which sanctioned him, as Chairman of the Board of Directors and legal representative of Compania Unirea Shopping Center S.A., with a fine of RON 11,600;

(ii) in the alternative, to replace the fine of RON 11,600 with the measure provided for in Article 147 para. (1) letter (a) point (7) of Law No. 24/2017 or to reduce the amount of the fine from RON 11,600 to RON 10,000 lei.

(iii) annulment of ASF Decision No. 1241/13.09.2022 amending ASF Decision No. 1166/25.08.2022.

The ruling of the court can be consulted at:

https://www.scj.ro/1094/Detalii-dosar?customQuery%5B0%5D.Key=id&customQuery%5B0%5D.Value=200000000413271

 

  1. High Court of Cassation and Justice- Case file no. 2612/2/2024

By Judgement no. 2418/08.05.2025, the High Court of Cassation and Justice rendered a decision in favour of ASF, against the appellant-claimant Fast Brokers - Broker de Asigurare Reasigurare S.R.L.

Ruling made in brief:

"Rejects the main appeal filed by the plaintiff Fast Brokers-Broker de Asigurare Reasigurare S.R.L. against the decision of 4 July 2024, of the Bucharest Court of Appeal – 8th Division for Administrative and Fiscal Litigation, and the incidental appeal filed by the defendant Financial Supervisory Authority against the same decision, as unfounded. Final.”

Subject matter of the case: (i) the appeal lodged by the appellant-claimant Fast Brokers - Broker de Asigurare Reasigurare S.R.L. against the Judgment of 4 July 2024, rendered by the Bucharest Court of Appeal – 8th Division for Administrative and Fiscal Litigation, which dismissed as unfounded the appellant-claimant's request to suspend the ASF Decision No. 328/29. 03.2024; 

(ii) the incidental appeal lodged by ASF requesting the partial annulment of the contested Judgement, with the consequence that the appellant - claimant failed to prove that the condition of imminent damage was met.

 

Notes: on the merits, the case was brought by the claimant, in which it requested the court:

  1. annulment of ASF Decision No. 328/29.03.2024, imposing a fine of RON 192,000 and withdrawal of the operating license;
  2. suspension of the effects of ASF Decision No. 328/29.03.2024 until the final resolution of the case;
  3. ordering ASF to bear the costs of the proceedings incurred in resolving the dispute.

The ruling of the court can be consulted at:

https://www.scj.ro/1094/Detalii-dosar?customQuery%5B0%5D.Key=id&customQuery%5B0%5D.Value=200000000434453

 

  1. High Court of Cassation and Justice- Case file no. 5558/2/2023

By Judgement no. 2760/22.05.2025, the High Court of Cassation and Justice rendered the following decision in favour of ASF against appelant-claimant Ştefan Claudiu Iulian, as member of the Board of Directors of Mettexin S.A.

Ruling made in brief:

”Declares null and void the appeal filed by claimant Ştefan Claudiu Iulian against Judgement no. 1117 of 21 June 2024 of the Bucharest Court of Appeal - 9th Division for Administrative and Fiscal Litigation.

Final.”

Subject matter of the case: appeal against Civil Judgement No. 1117/21.06.2024, whereby the Bucharest Court of Appeal dismissed as unfounded the action brought by the appellant-claimant against ASF Decision No. 716/18.07.2023.

Note: By ASF Decision No. 716/18.07.2023, ASF decided to sanction the appellant-claimant with a fine of RON 13,600, in his capacity as Chairman of the Board of Directors of Mettexin S.A.

The ruling of the court can be consulted at:

https://www.scj.ro/1094/Detalii-dosar?customQuery%5B0%5D.Key=id&customQuery%5B0%5D.Value=200000000425506

 

  1. High Court of Cassation and Justice- Case file no. 4714/2/2021

By Judgement no. 2967/20.03.2025, the High Court of Cassation and Justice rendered a decision in favour of ASF, against the appellant-claimant Euroins Insurance Group AD (EIG AD).

Ruling made in brief:

„Dismisses the appeal filed by the appellant-claimant Euroins Insurance Group AD against Judgement no. 419 of 13 March 2024, delivered by the Bucharest Court of Appeal - 8th Division for Administrative and Fiscal Litigation, as unfounded.

Final.”

Subject matter of the case: the appeal lodged by the appelant-claimant against Civil Judgement no. 419/13.03.2024 by which the Bucharest Court of Appeal ordered the following: ”dismisses the plea of lack of subject-matter and the plea of lack of interest raised by the defendant Financial Supervisory Authority as unfounded. Admits the plea of lack of locus standi (plea of inadmissibility) raised by the defendant State of Romania. Dismisses the application brought against that defendant as being brought against a person without locus standi. Dismisses the remainder of the application as unfounded. Orders the claimant to pay to the defendant Financial Supervisory Authority the sum of RON 12,000 as part of the expert's fees, by way of costs.

Notes: on the merits, the case was brought by the appellant-plaintiff, who applied to the court:

  • annulment of ASF Decision No. 1291/2020 (rejecting the acquisition project for EIG AD to acquire a qualifying holding in ERGO Asigurări S.A.) and ASF Decision No. 145/2021 (on the rejection of the preliminary complaint lodged against ASF Decision No. 1291/2020);
  • finding that the acquisition project submitted by EIG AD had been tacitly approved;
  • ordering ASF and the Romanian State, through the Ministry of Finance, to pay damages in the amount of RON 22,167. 450, plus adjustment based on the inflation index plus legal interest from the date on which the company suffered the damage until the actual payment, as well as ordering the payment of damages in the amount of RON 500,000 representing the non-pecuniary damage suffered by the company.

The ruling of the court can be consulted at:

https://www.scj.ro/1094/Detalii-dosar?customQuery%5B0%5D.Key=id&customQuery%5B0%5D.Value=200000000397799

 

  1. High Court of Cassation and Justice- Case file no. 6345/2/2022

By Judgement no. 3058/29.05.2025, the High Court of Cassation and Justice rendered a decision in favour of ASF, against the appellant-claimant Societatea Euroins România Asigurare Reasigurare S.A.

Ruling made in brief:

„Dismisses the appeals filed by Euroins România Asigurare Reasigurare SA and the Financial Supervisory Authority against Civil Judgement no. 1060 of 14 June 2023, delivered by the Bucharest Court of Appeal - 9th Division for Administrative and Fiscal Litigation, as unfounded.

Final.”

Subject matter of the case: the appeals lodged by both parties to the proceedings against Civil Judgement No. 1060/14.06.2023, delivered by the Bucharest Court of Appeal, whereby the court of first instance partially upheld the action brought by Euroins România Asigurare Reasigurare S.A. and amended, in part, the ASF Decisions No. 1661/21.12.2022 and No. 339/21.03.2023, in the sense of replacing the fine of RON 2,314,425, set by ASF, with a contravention fine of RON 660,730, representing 0.05% of the company's turnover for 2020.

Notes: on the merits, the case was brought by the appellant-plaintiff, who applied to the court:

  • In the main, the annulment of ASF Decision No. 1161/21.12.2022 (regarding the imposition of a fine on SAR Euroins S.A.) and all preliminary acts and, consequently, the exemption of the Company from paying the fine in the amount of RON 2,314, 425, established by Article 1 of the Decision, as well as the annulment of ASF Decision No. 339/21.03.2022 regarding the rejection of the preliminary complaint filed by Euroins against the sanctioning Decision;
  • In the alternative, the claimant company requested that the fine be replaced by a warning or that the amount of the fine be reduced, and that ASF be ordered to pay the costs of the proceedings.

The ruling of the court can be consulted at:

https://www.scj.ro/1094/Detalii-dosar?customQuery%5B0%5D.Key=id&customQuery%5B0%5D.Value=200000000412525

 

  1. High Court of Cassation and Justice- Case file no. 5966/2/2023

By Judgement no. 3010/29.05.2025, the High Court of Cassation and Justice rendered a decision in favour of ASF, against the appellant-claimant Studioul Cinematografic Animafilm S.A.

Ruling made in brief:

„Dismisses the appeals filed by the appellant-claimant Studioul Cinematografic Animafilm S.A. and by the appellant-intervener Ministry of Culture against Civil Judgement no. 1051 of 17 June 2024, delivered by the Bucharest Court of Appeal - 8th Division for Administrative and Fiscal Litigation, as unfounded.

Final.”

Subject matter of the case: the appeal lodged by the appellant-claimant against Civil Judgement no. 1051/17.06.2024 whereby the court of first instance ruled as follows in brief: “Dismisses the application for judgement as unfounded, as stated. Dismisses the application for accessory intervention as unfounded. Dismisses as unfounded the applicant's additional claim seeking an order that the defendant pay the costs. (...)”

Note: on the merits, the case was brought by the claimant, in which it requested the court:

In the main:

  1. suspension of enforcement of ASF Decision no. 759/01.08.2023, by which the claimant was sanctioned with a fine in the amount of RON 22,600, pending the final resolution of the case;
  2. annulment of ASF Decision no. 759/01.08.2023, as unlawful and unreasonable.

In the alternative:

(i) replacement/change of the penalty imposed with a warning, respectively

(ii) a fine in the minimum amount provided by law;

    3. ordering ASF to pay the costs.

 

The ruling of the court can be consulted at:

https://www.scj.ro/1094/Detalii-dosar?customQuery%5B0%5D.Key=id&customQuery%5B0%5D.Value=200000000426062

 

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