Expropriation in fact. Obligation of the court to qualify the claim for damages. The need to analyse the claim based on the relevant case-law of the European Court of Human Rights

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

If de facto expropriation is alleged, even if the plaintiffs have also invoked as a legal basis the provisions of Article 5 of Law No 255/2010 and have requested that the defendant be ordered to issue a decision to expropriate the land which they own, the legal basis indicated by the plaintiffs in the procedural documents which emanate from them should not be 149bsolutized in the light of the provisions of Article 22(2) of Law No 255/2010. (4) of the Code of Civil Procedure establishes imperatively that “the judge shall give or restore the legal qualification of the facts in dispute, even if the parties have given them another designation. In this case the judge is obliged to put the exact legal qualification to the parties”.