Awarding compensation by reference to the categories of diseases communicable from animals/birds to human beings. Amendment of the administrative act of normative nature. Non-breach of the retroactivity principle

DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

Abstract

The provisions of art. 1, art. 5, art. 6 and art. 11 read in conjunction with art. 4, respectively Appendix no. 1 of the Government Decision no. 1214/2009, in the form applicable upon filing the administrative request, shall not lead to the conclusion that for avian typhoid (a disease which also affected the birds in the plaintiff’s possession), the purpose for awarding such compensation shall consist of the prevention of risks generated by the transmission of diseases from animals to humans, a purpose expressly provided for in the provisions of art. 6 paragraph (1) and paragraph (2) of the Government Decision no. 1214/2009, by reference to the list of diseases indicated in Appendix 1 of the same normative act. In this respect, the interpretation of the provisions of art. 6 paragraph (1) and paragraph (2) of the Government Decision no. 1214/2009 aims at the situations in which it is found the existence of the avian zoonotic salmonellosis (diseases communicable from birds to humans), however, a category which does not include the avian typhoid.