Prejudiciul. Analiză asupra modalităţii de apreciere a prejudiciului, condiţie a pagubei iminente prevăzute de art. 14 din Legea nr. 554/2004

Damage. Analysis of the Assessment Method for Damage as a Condition of Imminent Loss Under Article 14 of Law No. 554/2004

Abstract

Contrary to the arguments of the first instance court and the appellant-plaintiff, the damage claimed by the respondent-plaintiff was not, at the time of issuing Order No. 576/1 November 2023, a future damage but rather a potential one. Only the evaluation event for 2023 in the first months of 2024 was future, not the material damage consisting of a reduction in salary income due to the impossibility of promotion. Moreover, the reduction in income is not the direct consequence of the warning sanction through the Order whose suspension is requested, but rather the consequence of the claimed impossibility of promotion. In other words, without promotion, the plaintiff's salary income remains the same, it does not decrease.

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