Catalin Popa, from Romanian Oradea, fought with windmills and managed to get rid, in the instance, from the obligation to pay, with his confections firm, the radio and TV tax.
"I showed, in front of the instance, that the right to be informed is one thing and the obligation to be informed is different", Popa said, in an article published by Bihoreanul and quoted by capitalismpepaine.ro.
"Our company doesn't pay its employees to watch TV. And the girls are sometimes listening to the radio, but not radios owned by SRR", Popa explained.
The lawsuits lasted for 4 years and were assessed by different instances, with the file involving Romanian Government, SRTV and Electrica, the electricity provider that also cashes in, on its invoices, the radio and TV tax. All lost and were sentenced to pay all lawsuit's expenses.
It all started in 2009, when the owner of Decitex started a lawsuit against Romanian Government, in which SRTv intervened, as interested party.
Popa showed that, even if they can get info via TVR, his employees don't use this right, because the company doesn't have TVs and the women don't watch TV anyways, during work or in other ways. TVR argued its shows could be watched online, therefore the need to mention nobody watched its programs in any way or anywhere.
The judges made their decision taking in consideration the juridical motivation presented by Decitex's lawyer, that demanded the law in this matter to be respected, not derogated, meaning non-payment of the tax on the grounds that the company didn't own any TV.
In November 2010, Popa wins his first lawsuit and, in May 2011, justice decides to eliminate the mandatory payment of the TV tax by all juridical persons, considered previously to profit on SRTv services.
Although he won the process, Decitex owner continues to receive Electrica invoices with TV tax included in them every month and, as he didn't wanted to pay for other than electricity, he warned the company that it persists in being abusive. Electrica answers that cancelling of an article in a law doesn't automatically mean "cancelling juridical persons obligation to pay to public TV services" and send him a "final warning".
Electrica's answer and attitude determined Popa to start a civil lawsuit against the company and he wins the cause, with Electrica forced to give back RON 1,780 to his company, representing TV tax cashed in from his company between June 2012 and February 2013, and to pay expenses of RON 2,000
Translation provided by AdHuggerAutor: Carmen Maria Andronache carmenpaginademedia.ro