Tribunalul Maramures; 2018-03-08; 2795/100/2016
Decision by national courts in the field of European Union law — ECLI:RO:TBMAR:2018:001.000234
Date: 2018-03-08
Subject matter: Judicial cooperation in civil matters
Origin: Romania

82018RO0308(51)_ENG_SUMJURE
JURE summary
JURE summary
The personal injury of the plaintiff occurred as a result of the unlawful act of the driver M.L. There is a causal link between that unlawful act and the damage that occurred. The plaintiff suffered non-material damage caused by injury to his physical/mental integrity. The plaintiff relied in this case on the legal provisions concerning the defendants’ civil liability in tort, which imposes an obligation on the defendant to compensate the non-material (moral) damage, assessed by the parties in the sum of RON 450 000.
According to Article 1349 of the Codul Civil (1), tort liability is an obligation laid down by law to a person to make reparation for the damage suffered by another person through his actions or inactions, through damage to that person’s rights or legitimate interests. The cited provision enshrines the obligation to make full reparation for the damage. Article 1357 of the Codul Civil then stipulates that the unlawful act is the one committed with guilt and the person responsible for the act is liable even for the slightest fault.
The Court of First Instance held that the requirements laid down by Article 1357 of the Codul Civil were satisfied in the present case since the defendant had no grounds for refuting the unlawful nature of the acts alleged against him. The Court of First Instance held that the provisions of the Hungarian Criminal Code and Code of Criminal Procedure, the State in the territory of which the unlawful act causing damage occurred, were applicable to this unlawful act. The guilt of the person responsible for the accident was definitively established by a court judgment and the liability of the Slovak insurer was incurred under the insurer's national law within the limits of the insurance policy.
Thus, the provisions of Legea nr. 136/1995 (2) invoked by the plaintiff in support of his claims cannot be applied in this case and the damages requested cannot be granted. Therefore, in the court's view, the request for damages must be rejected in accordance with the provisions of Legea nr. 136/1995 and the ASF Rules.
The judgment of the Court of First instance was appealed to the Curtea de Apel Cluj (Court of Appeal in Cluj) but the appeal was rejected, upholding the first instance judgment.
(1) Codul Civil (Civil Code).
(2) Legea nr. 136/1995 privind asigurările și reasigurările în România (Law No 136/1995 on insurance and reinsurance in Romania).