Dan Diaconescu made a judicial complaint that he submitted to Romanian High Justice Court (ICCJ) in which accuses CNA member of abuse in fulfilling their duties for withdrawing OTV’s broadcasting license and for fining the TV even after it was closed, Mediafax writes.
Dan Diaconescu and Ocram Televiziune are represented by the law firm Fenechiu-Savu & Associates. The lawyers also submitted to the instance a demand for temporary suspension of CNA’s decision, until the annulment demand on that decision will be final. The term for a decision over the complaints was initially established for January 30th and later postponed for January 31st.
The demand for dismissing CNA decision has a few motivations: old fines were disputed and paying them was legally impossible until the Court made a final decision, the insolvency procedure doesn’t allow paying previous debts, CNA decision was taken during an unstatutary meeting, lead by a president that wasn’t officially confirmed by the Parliament at that time and CNA decision doesn’t detail the facts that determined the decision.
CNA decided to close OTV, following an unanimous vote, on January 22nd
Dan Diaconescu, in his complaint against CNA: OTV – arbitrary and abusively condemned to bankruptcy
In the complaint against CNA he submitted to the Court, Diaconescu says that CNA representatives were unhappy that OTV wins in juridical actions opened against the institution and that non- payment for fines represented just a pretext, with the TV station being condemned to bankruptcy by the withdrawal of its broadcasting license, Mediafax writes.
Diaconescu demands Romanian justice and prosecutors to investigate for abuse in fulfilling their work duties Laura Georgescu, CNA president, Vasile Viorel Buda, vice-president, and CNA members Gabrea Florin, Maria Monica Gubernat, Narcisa Iorga, Valentin Alexandru Jucan, Christian Mititelu, Răsvan Popescu, Cristina Trepcea and Lorand Turos.
A week after OTV was closed following a CNA decision to suspend the broadcasting license, OTV started broadcasting online. This move doesn’t infringe the law and online broadcasting isn’t regulated by CNA.
On the other hand, OTV received another fine, of RON 10,000, for political advertising outside the electoral campaign. The sanction was given in spite of the fact that the TV station was closed on January 22nd, when CNA decided to withdraw its broadcasting license.
Although the decision was postponed, Romanian justice said OTV stays closed
Although it postponed the decision on Ocram’s complaint on OTV being closed following a CNA decision, Bucharest Appeal Court stated: OTV stays closed and CNA’s decision to withdraw the license stands.
Ocram Televiziune also demanded in justice to annul CNA’s decision, in a case that has a first hearing in March.
“Decisions to withdraw broadcasting license in Europe are frequent. Please take in consideration that CNA demanded points of view from 14 EPRA members, they all answered that is a practice in all countries to withdraw broadcasting licenses. Ofcom UK (…) said that, in 2012, it closed Press TV for not paying the obligations they had through license, namely a set number of fines”. Laura Georgescu, CNA president, said.
“I am disappointed, I wasn’t expecting an unfavorable decision, but we remain optimist. The more obstacles, the more powerful we will get out of this fight. We will appeal the decision”, Dan Diaconescu said, in a TV intervention at Romania TV.
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