Facturile de utilităţi publice constituie sau nu titluri executorii?
Are the public utility invoices writs of execution or not?

Summary/Abstract: The present case raises at least three issues of law: in order to represent a writ of execution, the legislator takes into account the legal regime of the provider, respectively it refers to companies being under the management, coordination, control and responsibility of the public administration authorities or to all types of companies providing public utility services; the invoice represents a writ of execution if only issued by companies managed, coordinated, controlled and under the responsibility of the public administration authorities or the invoice represents a writ of execution for all types of services of public utilities, no matter the ownership form of the services provider. We conclude that the legislator considered the fact that the invoice represents a writ of execution for all types of public utility services, no matter the form of organization of the services provider. This conclusion is based on several categories of arguments, respectively: legal arguments; arguments arising from the decisions of the Constitutional Court regarding this legal issue; arguments of doctrinal and practical nature, as well as arguments arising from the provisions regarding the provision of a uniform judicial practice.

• Details
• Contents