Reasons for the judgment. Lack of analysis of the objections of illegality and lack of grounds raised by the plaintiff in his complaint in relation to the contested infringement report. Nullity of the judgment

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

A statement to the effect that the plaintiff has not submitted any evidence to prove a factual situation contrary to that established in the contested report and that, therefore, since the presumption of validity of the contested report has not been rebutted, the contested act is properly drawn up, without analysing the grounds of illegality and unreasonableness raised in the content of the administrative offence complaint, cannot be regarded as 'a judgment on the merits' within the meaning of Article 480(3) of the Civil Procedure Code.

The statement of reasons is an essential element of the judgment and constitutes both a guarantee of respect for the procedural rights of the parties and the impartiality of the judge and a prerequisite for the proper exercise of judicial review on appeal.