Judecatoria Sibiu; 2017-12-11; BÂRSU BOGDAN-NICOLAE, reclamant, şi BENDZINSKAS AURELIJUS, pârât; 5007/303/2017
Decision by national courts in the field of European Union law — ECLI:RO:JDSIB:2017:001.006734
Date: 2017-12-11
Subject matter: Judicial cooperation in civil matters
Origin: Romania

82017RO1211(51)_ENG_SUMJURE
JURE summary
JURE summary
This case regards inactivity concerning a car registration in a Vehicle Register examined by the Judecatoria Sibiu (hereinafter ‘the Court of First Instance’).
The plaintiff concluded with a defendant a sales contract for the car. According to the law, the new vehicle owner shall be registered in the Vehicle Register at the same time as the former owner ceases to be the holder of the registration. The new owner is obliged to apply before the competent authority to register the ownership transfer within 30 days from the date of acquisition of ownership of the vehicle. The plaintiff alleged that, following the handover of the car, the defendant failed to fulfil its legal duties and requested the Court of First Instance to order the defendant to appear before the competent authorities to take the necessary steps for re-registration of the car at issue.
The Court of First Instance assessed its jurisdiction over the request. It confirmed that it has jurisdiction to hear the request on the basis of provisions of the NCPC (1) and Article 1 of the Brussels I Regulation (recast) (2). The Court of First Instance subsequently assessed the evidence submitted by the plaintiff, including the sales contract. It affirmed that the facts alleged by the plaintiff are factually true. The defendant did not fulfil his obligations under the law and failed to register the car in the Vehicle Register.
Therefore, the Court of First Instance admitted the action and ordered the defendant to carry out the necessary formalities for the re-registration of the car’s ownership in question in the Vehicle Register.
(1) Nou Codul de procedură civilă (NCPC) (New Code of Civil Procedure).
(2) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.