Some Considerations Regarding the Application for Damages Formed Under art. 19 of Law no. 554/2004

Abstract

Considering the specific nature of the claims in the matter of the administrative litigation, an action aimed at damages can only be considered as an accessory request for an action regarding the legality of an administrative act, whether it is typical or assimilated, in this respect the provisions of art. 8 paragraph (1) in conjunction with art. 18 paragraphs (1) and (3) of Law no. 554/2004, as the High Court rules in a case having as its object a negative conflict of jurisdiction [1]. The present article analyzes the hypothesis of the refusal of the local public authority to issue a document necessary to complete the file for obtaining the subsidies from APIA, in the light of obtaining compensation from the public authority that refused to issue the act. The interest here is the need to formulate the main action, the possibility of claiming damages separately, the competent court, the analysis of the application formulation term, the analysis of the cumulative conditions required for admitting the action.