Damages requested for the repair of the loss caused by an unlawful administrative act, annulled as a result of the exercise of the lawfulness review by the administrative court. The limitation period of the right of action
CONTENCIOS ADMINISTRATIV ŞI FISCAL
Abstract
The time from which the one year limitation period of the action for compensation produced by a unlawful administrative act starts to run, shall be the date on which the claimant became aware of or should have become aware of the damage. It is true that the action for compensation based on Article 19 para. 1 of Law no. 554/2004 may be also filed independently of the application for the annulment of the act, and the moment from which the injured person has become aware or should have become aware of the extent of loss is a factual circumstance, which should be proven in any case and which is not directly related to the annulment of the administrative act or to the final nature of the action for annulment. The legislator’s intent was to give the claimants not being aware of the extent of loss upon filing the action for annulment, the opportunity of filing such a claim for damages when they understand the loss suffered, given the complexity elements and the scope of the damage caused, impossible to make it known, provided that it made all reasonable efforts to avoid the damage or to limit its extent and used all legal means available to it in due time. The right of action for claiming the non-material damage caused to the person detained in prison, during a certain period, by limitation of the right to leave, in application of an internal order issued by the prison commander, finally annulled by the administrative court, shall arise when it has become aware or should have become aware of the damage caused and the person liable therefor, respectively when his right to leave was limited, as the consequences of the unlawful nature of the invoked decisions occurred no later than the date on which he claimed before the court the annulment of the decision of the prison manager and not on the date when he took note of the final court order.
