Indicarea expresă de către reclamant a dispoziţiilor legale incidente. Nemodificare de acţiune. Diferenţierea faţă de modificarea temeiul juridic al cererii de chemare în judecată

Express indication by the plaintiff of the relevant legal provisions. No change of action. Differentiation from amending the legal basis of the claim

Abstract

The plaintiff's clarification of the legal basis was wrongly qualified as an amendment of the action, for which the consent of the opposing party is required.

The reliance on the provisions of Article 978of the Civil Procedure Code does not constitute an element of novelty, so long as the reference to those provisions, without expressly indicating the article of law, is to be found in the application where the plaintiff, referring to the provisions of GEO No 100/2005 on the enforcement of industrial property rights, refers both to the application of the provisions of the Code of Civil Procedure relating to intellectual property and to the provisions...