27. Ordin de confiscare. Competențe de confiscare extinsă incompatibile cu dispozițiile legislației române în materie. Motive facultative de nerecunoaștere/neexecutare
27. Confiscation order. Extended confiscation powers incompatible with the provisions of the Romanian laws in the matter. Optional reasons of non recognition/non enforcement

Summary/Abstract: A ground for refusal of recognition of the confiscation order, in relation to which it is possible to be any discussions is the ground laid down in Art. 262 para. (1) letter i (Art. 321 para. (1) letter i at present) of Law no. 302/2004 (according to which the confiscation decision was delivered according to the extended confiscation powers, not being compatible with the provisions of the domestic law in the matter). Law provides for the possibility of the Romanian authority to refuse the recognition, and not the obligation, as it understood to expressly provide for in other cases regulated by the same law. Therefore, taking into consideration the specific circumstances in which confiscation was ordered by the French authorities, it is noticed that the confiscation decision indicates that the person concerned did not justify any legal activity in France, as well as in Romania, and the significant funds resulting from the tort activity were subjected to laundering, through any exchange operations and transfer of funds in Paris, Paris, Versailles and Romania. These specific circumstances cannot be challenged before the Romanian enforcement court. Inthis case, extended confiscation was not ordered according to the Romanian law, but to the law of the EU issuing Member State, the Romanian law being only the law under which the confiscation is recognized.

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