2. Acțiune în pretenții întemeiată pe dispozițiile art. 27 din O.G. nr. 137/2000. Neindicarea vreunui criteriu de discriminare. Efecte asupra obligației de timbrare a cererii
2. Tort claim based upon the provisions of art. 27 of the G.O. no. 137/2000. Failure to indicate any discrimination criterion. Effects on the obligation of stamping the writ of summons

Summary/Abstract: In case the writ of summons under which the claimant requested any material and non-material damage rested on the provisions of art. 27 of the G.O. no. 137/2000, however, without indicating any discrimination criterion among those provided by art. 2 within the scope of art. 1 paragraph (2) of the Ordinance, its claim could be deemed as a simple prosecution of claims, which was subject to the obligation to pay the stamp duty, according to 20 paragraph (1) of Law no. 146/1997. If the court has not advised the claimant to stamp its claim lodged, it has at its disposal only the remedy provided by art. 18 paragraph (2) of Law no. 146/1997, respectively the formulation of a re-examination request, as this is the only remedy provided by law, and the appeal shall not be admissible against the way of determining the stamp duty.

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