Observations regarding Case Toma, C-205/15: the exemption of public authorities from paying stamp duty and bail is in line with European Union law Cover Image
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Observaţii privind Cauza Toma, C-205/15: scutirea autorităţilor publice de plata taxei de timbru şi a cauţiunii respectă dreptul Uniunii Europene
Observations regarding Case Toma, C-205/15: the exemption of public authorities from paying stamp duty and bail is in line with European Union law

Author(s): Daniel - Mihail Şandru
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: preliminary ruling; the Court of Justice of the European Union; hypothetical cause; art. 47 CDFUE; ECHR; Case Toma, C-205/15; challenge to enforcement; the exemption of public authorities; stamp duty;

Summary/Abstract: This paper analyses the preliminary ruling procedure in a case that deals with a challenge to enforcement in national law. The Court of Justice declared itself competent to solve the request by interpreting the art. 47 of the Charter of Fundamental Rights of the European Union, but, the court did not use this judgment because it found that the action was late introduced, being thus, from the point of view of the European Union law, before a judgment without any useful purpose for the national judge. In the European Union law, this judgment is cited and used as an argument either in legal analogies or in grounding other preliminary rulings.

  • Issue Year: 2017
  • Issue No: 4
  • Page Range: 58-66
  • Page Count: 9
  • Language: Romanian