Contestaţie împotriva deciziei de compensare. Dreptul instanţei de a stabili numărul punctelor de compensare. Actualizarea despăgubirilor în raport de rata inflaţiei

Appeal against the compensation decision. The court's right to determine the number of compensation points. Updating compensation in relation to the inflation rate

Abstract

As held by the High Court of Cassation and Justice, in decision no. 57/2022, delivered in the procedure for a preliminary ruling, the purpose of the judicial review carried out in such a challenge is to verify the compliance with the law of the administrative decision on compensation, specifically, the way in which the National Commission for Compensation of Real Estate applied the legal provisions applicable to the administrative file, including the manner of application of the provisions of Article 21 para. (6) of Law no. 165/2013 regarding the valuation of the real estate by reference to the notarial scale applied by the National Commission.

Therefore,...