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 respondents/ 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, shows he observed that
National Tax Administration Agency (ANAF) was quoted for the case, and he claims that
the Agency has no quality or interest in the case file, so he requested to be omitted to
quote the Agency as a respondent.

The lawyer of the petitioners also states that it is not necessary to quote
Helmig Lutz Mario as civil party, motivated by the content of the criminal decision no.
906/29.11.2018 given by Alba Iulia Court of Appeal, through which were left unsolved
only the civil actions claimed by the following civil parties: SC Aton GMBH Fulda, SC
Exclusiv Agro Line SRL, SC Cer Oil Carani SRL, SC Agrocereal Carani SRL and SC Vital &
Heyl SA; and the other provisions of the appealed criminal sentence were mantained.

In reply, lawyers Ruxandra Boniu and Sebastian Ionut Cazacu shows that it
is also necessary to quote Helmig Lutz Mario as civil party, motivated by the fact that
the failure to indicate his name in the content of the decision is an omission, this person
having the status of a civil party and also, reported to the accquital solution based on
the provisions of article 16, letter B, first thesis Criminal Procedural Law – which imply
that the unsolved solution of the civil case extends to all civil parties.

In reply, lawyer Tiliciu Daniel showed that the Court of Appeal gave
judgement regarding to the claims of Helmig Lutz Mario as a civil party, and there is not
the case of an omission.

The court shows that it will adjudicate by issuing a minute on the

participation in the case of the two contentious parties.
The court calls into question the postponement of the case for the
completion of the citation procedure for SC Agrocereal Carani SRL – in bankruptcy
procedure and SC CER Oil Carani SRL through its judicial administrator C.I.I. Herciu
Marius Emilian and A&A Consultants IPURL, all of them as intimates/ civil parties.
The representative of the Prosecutor's Office, the representatives of the
intimates and the petitioners' lawyers agree with the postponement for the citation
procedure of the companies mentioned.

THE COURT
From the reading of the requests for constitution as a civil party filed in
the case file, as well as from the reading of the pronounced sentences it results that
the civil party - Helmig Mario Lutz, although he is not mentioned among the civil
parties in the content of the decision no. 906/2018 given by Alba Iulia Court of Appeal
–according to which the civil action has been left unsolved, may be entitled to claim
indirect damage in connection with the imposed protective measure. In this context, it
is justified to quote this person as civil party.

Consequently, it will be ordered to quote this part by e-mail or fax,

according to the data indicated by the chosen representatives of the respondents at
this term, as well as at the procedural address of the conventional representative.
Concerning the rejection solution regarding the civil action formulated by
the National Tax Administration Agency (ANAF) - represented by Timis County
Administration of Public Finanaces, the Court finds that there is no need to quote this
party.
 DISPOSE

Postpone the cause until 29th of May 2019.

SC Agrocereal Carani SRL – in bankruptcy procedure – and SC CER Oil
Carani SRL through its judicial administrator C.I.I. Herciu Marius Emilian and A&A
Consultants IPURL will be quoted at the email addresses and fax number indicated.
Respondent/Intimate/civil party – Helmig Lutz Mario will be quoted at
the indicated email address, all the other parties have the term given to them through
their appointed lawyers and representatives.
The court finds that the National Tax Administration Agency (ANAF) is
not required to be quoted.
Given in a public hearing on 20th of May 2019.

President Judge Clerk

TC Petitioners: Tunea Daniel – through chosen attorney Tiliciu D.I.

Cipleu Mihaela
Morariu Violeta Otelia
SC Euromobile SRL Sinandrei
TC SC Exclusive Agro Line SRL (Former Aton Transilvania SRL) – through judicial
administrator BFJ Consulting Group SRL – Lawyer Boniu, Cazacu
SC Aton GMBH, through judicial administrator Valor SPRL – Lawyer Boniu, Cazacu
SC Vital & Heyl SRL, through judicial administrator Valor SPRL – Lawyer Boniu, Cazacu

These Civil parties are quoted:

- SC CER Oil Carani SRL, through judicial administrator C.I.I. Herciu Marius Emilian and
A&A Consultants IPURL, by email at: mherciu@gmail.com, respectively
marieta.anastasescu@anastasescu.ro, lawyer Boniu and Cazacu;
- SC Agrocereal Carani SRL – in bankruptcy procedure, by email at
valeria_dragoi@yahoo.com, lawyer Boniu and Cazacu.
- Helmig Lutz Mario – by postal service at the address: Bucharest, Blvd. N. Balcescu,
no. 24, lawyer Vania Zabou.
Red. NSm./20.05.2019 – 3 quotes.