Imobil atribuit în proprietate privată potrivit Legii nr. 18/1991, inclus ulterior prin hotărâre de Guvern în proprietatea publică. Nelegalitate. Anulare hotărâre de Guvern privind atestarea domeniului public

Property assigned in private ownership according to Law no. 18/1991, subsequently included by Government Decision in public ownership. Illegality. Government Decision on the attestation of public domain annulled

Abstract

The land in respect of which the claimant's ownership was granted according to Law no. 18/1991 of the land fund was later included in the public property of the Municipality of Cluj-Napoca, by the contested decision.

To the extent that the challenged government decision violates the property rights of the defendants, it is and remains an illegal act, regardless of the fact that it was based on an act of a local authority. Through the challenged government decision, the claimants' property rights were violated, without going through an expropriation procedure.

The...