Application filed under art. 24 para. (3) of Law 554/2004. Fulfilment of the obligation by the debtor during the settlement of the application. Consequences

DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

Abstract

In case the debtor of the obligation performed under Art. 24 para. (1) of Law no. 554/2004 fulfils the obligation under its responsibility in the first stage of the enforcement procedure, which regulated by Art. 24 para. (3) of this law, the necessary solution is to reject the application. This solution logically derives from the purpose pursued by the lawmaker by regulating by stages the specific enforcement procedure in the matter of administrative disputes. The fact that the penalties set under Art. 24 of Law no. 554/2004 and Art. 906 of the Civil Procedure Code have a coercive and not a reparatory role, gives rise to the conclusion that the fines set under Art. 24 of Law no. 554/2004 also have this role. This is because, as long as the fines do not go to the creditor’s assets, but to the State budget, it is even more obvious that their purpose is to determine the creditor to perform its obligation in order to avoid the enforcement of such fines. As long as the defendant has performed all obligations in the enforceable title until the settlement of the creditor’s application, ordering defendant to pay penalties and the application of fines is no longer justified. This is because the coercive purpose pursued by these measures can no longer be achieved.