2. Litigiu având ca obiect apărarea în justiţie a dreptului de folosinţă cu titlu gratuit. Necompetenţa materială a instanţei de contencios administrativ
2. Dispute concerning the judicial protection of the right of use free of charge. Lack of subject-matter jurisdiction of the administrative court

Summary/Abstract: Where the purpose of the judicial action is to protect a right of use free of charge established over a building in public ownership, the provisions of Article 875 of the Civil Code are applicable, and the action thus brought is a pecuniary one, assessable in money, falling within the jurisdiction of the ordinary courts, depending on the value of its subject matter. The administrative court has jurisdiction to settle disputes arising either from the issuing or, as the case may be, the conclusion of an administrative act, or from the failure to resolve within the legal time limit, or from the unjustified refusal to resolve an application concerning a right or a legitimate interest. The request for compliance with the right of free use and reinstatement in the premises that are the subject of the right of use, together with compensation for the damage caused by the infringement of the right, therefore does not fall within the scope of the provisions of Administrative Litigation Law No. 554/2004.

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