22. Răspunderea pentru prejudiciile cauzate de lucruri. Paza lucrului. Răspundere obiectivă. Cauze exoneratoare de răspundere. Forța majoră
22. Liability for damage caused by things. Custody of things. Objective liability. Exonerating causes of liability. Force majeure

Summary/Abstract: The fact that the actual taking of measures for pruning/clearing green spaces in sector 6 is also approved by the Bucharest City Hall, General Urban Development Directorate, Environmental Directorate, has no relevance and does not transfer the capacity of A.D.P.D.U. Sector 6, as legal custodian of green spaces in sector 6, to the Bucharest City Hall, given that this authority only approves or disapproves pruning/clearing by issuing or refusing to issue the authorization, which implies, in order to exclude the appellant's fault, that it fulfilled its assigned duties, identified the danger generated by not taking measures regarding the respective tree, requested the issuance of a clearing/cutting authorization, but this was refused, a hypothesis which is not applicable in this case. According to the Operating Regulation of A.D.P.D.U. Sector 6, it has the obligation to ensure and be responsible for compliance with legal provisions regarding environmental protection, as well as to obtain necessary authorizations for cutting, clearing, pruning of trees located on public domain.

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