Tribunalul Maramures; 2017-04-27; 240/100/2016*
Decision by national courts in the field of European Union law — ECLI:RO:TBMAR:2017:001.000383
Date: 2017-04-27
Subject matter: Judicial cooperation in civil matters
Origin: Romania

82017RO0427(51)_ENG_SUMJURE
JURE summary
JURE summary
The Tribunalul Maramureş (hereinafter ‘the Court of First Instance’) held that the evidence submitted in the proceedings showed that the death of the person B.V.F. resulted as a consequence of the unlawful act of the defendant W.R. There was a causal link between that unlawful act and the death. As a result, the plaintiffs suffered non-material damage caused by the death of their husband and father, respectively. In the case before the Court of First Instance, the plaintiffs relied on the legal provisions relating to the defendant’s tortious civil liability, which imposes an obligation on the defendant to compensate the non-material (moral) damage assessed by the parties at EUR 150.000 and EUR 200.000 respectively.
According to Article 1349 of the Codul civil (1), tort liability is an obligation laid down by law on a person to make reparation for the damage suffered by another person through his actions or inactions, by harming those person's rights or legitimate interests. The cited provision enshrines the obligation to make full reparation for the damage. Article 1357 of the Cod 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.
Therefore, within the limits of the present civil action and of the specifics of the tort liability, the Court of First Instance held that the evidence submitted revealed a causal link between the unlawful act and the alleged damage, which commits the insurer of the person responsible to fully compensate the damage incurred and proven, in accordance with the provisions of Article 1385 of the Codul Civil.
The judgment became final on 26 June 2017 by the minutes concluded on 26 June 2017, which acknowledged the waiver of the appeal.
(1) Codul Civil (Civil Code).