Project funded from European funds. Claim for restitution of the amounts paid as salaries. Impleader of the experts who benefitted from the sums and of the relevant ministries. Inadmissibility. Legal relation of different nature

DREPTUL MUNCII ŞI DREPTUL SECURITĂŢII SOCIALE

Abstract

There are labor relations between the appellants and the defendant who impleaded them, and the payment of the pecuniary rights subject to recovery in the main proceedings was ordered on the basis of these relations but also on the basis of the partnership agreement  concluded by the employer with the claimant based on the initial financing contract. 
Neither the Ministry of European Funds and the Ministry of National Education have legal relations with the parties involved as experts in the project. Therefore, they cannot be the holders of any obligations arising from the legal partnership relationship. 
Their impleader, as higher hierarchical institutions and as authorizing officers, is not justified, as there is no obligation of guarantee or compensation between the two ministries, on the one hand, and the parties involved – participants in projects, remunerated for the activity submitted within it. 
The legal relations developed between the two categories of parties are different, some of labor law, and the others of administrative law, which also requires a different legal 
regime. In addition, the grounds for liability are also different, being a contractual liability of the signatory parties to the financing agreements and the partnership agreement, but also a tort civil liability, if the existence of an unlawful act resulting from the failure to take measures is called into question, apart from the agreements signed.