11. a) Nedepunerea întâmpinării în termen. Sancţiune b) Recurs exercitat în materia contenciosului administrativ. Neîncadrare în criticile prevăzute de art. 488 C. pr. civ. Consecinţe
11. a) Failure to file statement of defense within the established date. Sanction b) Second appeal exercised in the administrative matters. Not falling under the criticisms provided by art. 488 of the Code of Civil Procedure. Consequences

Summary/Abstract: a) Art. 208 paragraph (2) of the Code of Civil Procedure sets forth that the failure to file the statement of defense within the deadline provided by law shall result in the forfeiture of the respondent’s right to propose any evidence and to invoke any pleas, except those of public order, except as otherwise provided by law. Certainly, the respondent shall be able to discuss the evidence and the reliability of the claimant’s allegations [art. 254 paragraph (3) of the Code of Civil Procedure], which allows him to create defense for himself, but in more difficult conditions than when he could have used the means of evidence which he could have proposed to support his position. After the adoption of the new Code of Civil Procedure, in the administrative matter it is maintained the double degree of jurisdiction, respectively the courts of first instance settling the administrative disputes shall be, if appropriate, the administrative and tax sections of the tribunals or of the courts of appeal, it being also maintained, according to the provisions of art. 7 paragraph (3) of the Law no. 76/2012, following the entry into force of the new Code of Civil Procedure, the appeal proceedings against the court orders ruled by the courts of first instance. Accordingly, following the entry into force of the new Code of Civil Procedure as well, the second appeal against the court order rendered by the court of first instance shall be exercised under the conditions provided by art. 20 paragraph (1) of Law no. 554/2004, and the criticisms of the second appeal are not required to be framed by the provisions of art. 488 of the Code of Civil Procedure.

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