ROMANIA

ARAD TRIBUNAL OPERATOR 3207/2504

CRIMINAL DEPARTMENT
CASE NO. 845/108/2019

MINUTE

Public hearing - 20th of May 2019

President Judge: Monica Badescu
Clerk: Nicoleta-Sorina Munteanu

The Court has the task of solving the claim formulated by the petitioners
Tunea Daniel, Cipleu Mihaela, Morariu Violeta Otelia and S.C. Euromobile SRL Sinandrei
– in bankruptcy procedure – represented by the insolvency administrator SCP Alfa &
Quantum Consulting SPRL. The claim has the object of finding the lawful cessation of the
seizure measures, instituted in the criminal prosecution case no. 220D/P/2009 by the
Public Prosecutor’s Office attached to the High Court of Cassation and Justice –
Directorate for the Investigation of Organised Crime and Terrorism (DIICOT) – Timisoara
Territorial Service.

The Public Ministry is represented by prosecutor Ramona Lungu from the

Public Prosecutor’s Office attached to the Arad Tribunal.

At roll call made in the case:

- There are missing petitoners: Tunea Daniel, Cipleu Mihaela, Morariu Violeta
Otelia and SC EUROMOBILE SRL Sinandrei – in bankruptcy procedure –
represented by the insolvency administrator SCP Alfa & Quantum Consulting
SPRL;
Their chosen defender, lawyer Tiliciu Daniel Iulian from the Hunedoara Bar
Association is present, having a lawyer delegation filed in the file, sheets no. 18-
19 from the case file.

- There are lawyers Ruxandra Boniu and Sebastian Ionut Cazacu - both members of
Bucharest Bar Association, in representation of intimates/civil parties Exclusive
Agro Line SRL (former Aton Transilvania SRL), SC ATON GMBH and SC VITAL &
Heyl DRL.

- There are missing intimates/ civil parties: Helmig Lutz Mario, represented by
lawyer Vania Zabou from Bucharest Bar Association; SC Agrocereal Carani SRL – in
 bankruptcy procedure and SC CER Oil Carani SRL – represented by the insolvency
administrator C.I.I. Herciu Marius Emilian and A&A Consultants IPURL.

- National Tax Administration Agency (ANAF) – represented by Timis County

Administration of Public Finanaces.

Summoning procedure is not legally fulfilled.

The case report was made by the court clerk, afterwards,

- Lawyer Ruxandra Boniu and Lawyer Sebastian Ionut Cazacu, both submit lawyers’
delegation. They showed that they also represented SC Agrocereal Carani SRL
and SC CER Oil Carani SRL, at the appeal stage, they also showed that these two
companies are involved in bankruptcy procedure, and the fact that their
insolvency administrator did not receive the citation for this term. Under these
circumstances, lawyers’delgation could not be issued, context in which they have
no mandate to represent these companies.

At the interrogation made by the President Judge, lawyer Ruxandra Boniu

showed that SC Agrocereal Carani SRL and SC CER Oil Carani SRL can be quoted
through judicial administrators at the following email addresses:
valeria_dragoi@yahoo.com, respectively mherciu@gmail.com,
marieta.anastasescu@avanastasescu.ro. A document containing this addresses has
been filed. She also shows that she knows Mrs. Lawyer Vania Zabou email address:
vania_zabou@yahoo.com and files a document containing it.

Lawyer Tiliciu Daniel Iulian, for the petitioners