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Universul Juridic magazin

Approaches on the special review case covered by article 21 par. 1 of law no. 554/2004 on administrative litigation, brought about under the ruling passed by the ecj in case tatu


This article aims to answer, argumentatively, some problems that will arise in the practice of administrative litigation courts in our country, within the framework of:
- the existence of a non-uniform national practice in the field of claims for refund of fees charged by the Romanian state for registration of used motor vehicles imported from other Member
States of the European Union;
- where there was passed a Decision of the Court of Justice of the European Union, ruling on the non-compliance of aforementioned fees with Community law;
- the existence of defective regulations in terms of the special case of review, grounded on the passing of binding decisions in breach of the Community law principle of priority.
These issues are mainly attached to the review period and the court having jurisdiction to rule on this review.