Executare silită. Comunicarea somaţiei de plată. Nerespectarea prevederilor legale. O.G. nr. 61/2002, art. 41 alin. (1)

Abstract

Pursuant to art. 41 par. (1) of the Government Ordinance no. 61/2002, "the enforcement of a judgment by a writ of execution begins by a notification which announces the debtor that he has the obligation to pay the sums of money that he owes within 15 days or to make the proof of having paid the debt, the failure to perform this obligation entailing the enforcement of the judgment by a writ of execution in the ways provided by the present ordinance. A certified copy of the writ of execution shall be annexed to the notification".

The absence of essential official information concerning the notification procedure, makes the Court consider this procedure as invalid, and conclude that the customs authorities did not make the proof beyond any reasonable doubt that the fiscal and post-office bodies completed all the procedures to ensure the notification of the tax...