5. Termenul de formulare a cererilor privind obligarea Comisiei Naţionale pentru Compensarea Imobilelor la soluţionarea notificării formulate în baza Legii nr. 10/2001
5. Deadline for submitting applications for the National Commission for the Compensation of Immovable Property to settle the notification made under Law no. 10/2001

Summary/Abstract: The subject matter of the dispute is to order the National Commission for the Compensation of Immovable Property to issue a decision on compensation by points, the applicant seeking, by bringing the action, to settle the notification made under Law No 10/2001, and not a claim brought against the refusal of the entity to settle the notification. The 6 month period established by the provisions of Article 35 para. (3) of the Law no. 165/2013 is a procedural time limit within which the interested party may request the court to establish the existence and extent of the property right, in the event that the administrative procedure has remained pending. In order to streamline the reparation process of the abusive measures of taking over real estate during the communist regime, the legislator has introduced deadlines within which the entities in charge must resolve the notifications, while giving the entitled persons the possibility to bring the matter before the courts in the absence of an administrative response. To determine whether the limitation period is applicable, the court must determine the subject matter of the claim. Accordingly, in so far as the action before the court seeks to order the Commission to deal with the notification, without seeking to establish the status of the person entitled or the extent of the rights, the limitation period is not applicable, the interested party not being bound by the legal time limit laid down by Article 35 para. (2) of Law no. 165/2013.

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