15. Contract de concesiune a unui bun proprietate privată a statului. Natură juridică. Neîndeplinirea cerinţelor prevăzute de art. 2 alin. (1) lit. c) teza a doua din Legea nr. 554/2004 pentru asimilarea contractului cu actul administrativ
15. Assignment agreement of an asset in the state ownership. Legal nature. Failure to meet the requirements of art. 2 para. (1) letter c) the second sentence of the Law. 554/2004 for the assimilation of the agreement by the administrative document

Summary/Abstract: According to the provisions of art. 2 para. (1) letter c) the second sentence of the Law. 554/2004, the assignment agreements having as subject matter to turn to profit the state-owned assets, shall be assimilated by the administrative acts. Per a contrario, the assignment agreement of a real estate which is in the private ownership of the state, shall be a deed of private law and shall not be assimilated by the administrative document to the end of the provisions of art. 2 para. (1) letter c) the second sentence of the Law no. 554/2004. Consequently, the action by which the concession provider asks for the obligation of the assignee to pay the royalty payable under the assignment agreement of an asset in the state ownership falls outside the matter of the state administrative procedure, and thus the jurisdiction for the settlement of the case belongs to the court of common law.

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