Legislative News in September 2011

LEGISLATIVE NEWS IN SEPTEMBER 2011

Important legal regulations for the business environment in Romania were published in the Official Gazette, Part I during the month of September 2011 published, such as:

II. Order no. 164/2011 - on measures for consumer information by banking and non-financial companies issued by the National Authority for Consumer Protection published in the Official Gazette, Part I no. 620 of 09.01.2011.

The Act shall come into force on January 1, 2012.

According to modifications introduced by the Order, financial service providers are obliged to display in their units, in a visible location on a support video - TV screen - the following information, for properly informing consumers:

The presentation will be done on the entire surface of the screen, scroll band except at intervals of 45 minutes, lasting 15 minutes.

II. Order no. 710/2011 implementing the Regulation amending and completing the Regulation on analysis and resolution of complaints relating to violation of art. 5, 6 and 9 of the Competition Law. 21/1996 and art. 101 and 102 of the Treaty on European Union, implemented by Order of Competition Council’s President no. 499/2010, published in the Official Gazette, Part I no. 673 of 21.09.2011.

The Act came into force on September 21, 2011, to be issued by the Competition Council.

The Order introduces the following changes in procedure for analysis and resolution of complaints relating to violation of art. 5, 6 and 9 of the Competition Law. 21/1996 and art. 101 and 102 of the Treaty on European Union:

The Competition Council is entitled, without prejudice to its right to trigger an investigation on its own, not to pursue a complaint filed by a legal entity or physical person who can not demonstrate a legitimate interest. Applicants must demonstrate their legitimate interest directly or indirectly. The existence of interest can not be presumed.

Local authorities may have a legitimate interest in their capacity as buyers or users of goods or services affected by the conduct against which the complaint was filed. They are not considered as having a legitimate interest within the meaning of art. 40 of law, when highlighting the extent of the alleged pro bono Publico violations to the Competition Council.

Complaints filed by individuals or legal entities must contain all information required by the minimum complaint form provided in Annex, which is part of the Regulation.

Legal qualification of the facts is accurate attribute Competition Council. The plaintiffs are not required to provide a precise classification of the facts, but only their opinion in this regard. Applicants should refer to regulations and guidelines adopted by the Competition Council and to the extent that they are aware of, to those issued by the European Commission and the Justice and European practice.

The Competition Council may decide to initiate the procedure for investigation of a possible infringement of art.5, 6 or 9 of the Act and art. 101 or 102 of the TFEU at any time, but not later than the expiration of 60 days stipulated by art. 40 para. (2) of the Act, to issue a decision on a complaint.

Recipients may request investigative report holding hearings. President of the Competition Council may hold hearings and in the absence of requests from recipients of the investigation report, if it considers that it is useful to establish the truth in the investigated case.