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S.C. ZORINA INTERNATIONAL S.R.L. v. ROMANIA

Doc ref: 15553/15 • ECHR ID: 001-199361

Document date: November 20, 2019

  • Inbound citations: 1
  • Cited paragraphs: 0
  • Outbound citations: 2

S.C. ZORINA INTERNATIONAL S.R.L. v. ROMANIA

Doc ref: 15553/15 • ECHR ID: 001-199361

Document date: November 20, 2019

Cited paragraphs only

Communicated on 20 November 2019

FOURTH SECTION

Application no. 15553/15 S.C. ZORINA INTERNATIONAL S.R.L . against Romania lodged on 23 March 2015

SUBJECT MATTER OF THE CASE

The application concerns an alleged interference with the applicant company ’ s right to protection of property caused by the sanction imposed on it by the Constanţa Finance Inspectorate ( Garda Financiară ) for failure to emit receipts ( bon fiscal ) for the sale of products amounting to 179 Romanian lei (RON) (approximately 40 euros (EUR) at that time). In accordance with the applicable law (Government Emergency Ordinance No. 28/1999 on the obligation of commercial entities to use the fiscal cash registers), the applicant company received a fine of RON 8,000 (approximately EUR 1,800 at that time), the amount of RON 179 was confiscated, and its activity was automatically suspended for a period of three months. The applicant company objected to this sanction, arguing mainly that it was disproportionately harsh. In a final decision of 24 September 2014 the Constanţa County Court dismissed the objection.

QUESTIONS TO THE PARTIES

1. Has there been an interference with the applicant company ’ s peaceful enjoyment of possessions, within the m eaning of Article 1 of Protocol No. 1?

2. If so, was that interference necessary to control the use of property in accordance with the general interest (see, mutatis mutandis , Grifhorst v. France , no. 28336/02, 26 February 2009; Patrikova v. Bulgaria , no. 71835/01 , 4 March 2010; and Andonoski v. the former Yugoslav Republic of Macedonia , no. 16225/08 , 17 September 2015 ) or to secure the payment of penalties within the meaning of the second paragraph of Article 1 of Protocol No. 1 ?

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