Page 34/233
Constanța, and the Ministry of Energy. The plea of lack of interest in the formulation and support of the second head
of the application is granted. Dismisses, as devoid of interest, the claim brought by the plaintiff Dumitrescu Andrei
Sebastian against the defendants Oil Terminal S.A., the Romanian State, represented in the proceedings by the
Ministry of Finance, represented by the Regional Directorate General of Public Finance Galați - County Administration
of Public Finance Constanța, and the Ministry of Energy, for an order that the defendants respect the right of
preference. Orders the plaintiff to pay the sum of 762.14 lei - costs (fees of the chosen lawyer) - in favour of the
defendant company Oil Terminal S.A. With appeal, to the Court of Appeal Constanța, within 30 days of communication,
the appeal application to be filed with the Court of Constanța. Decision no.151/2023 of 16.02.2023. Final by non-
appeal. Application for enforcement for recovery of costs. File BEJ Ulman no.907/2023.
12. File No 7054/118/2021 pending before the Court of Constanța, applicant Dumitrescu Andrei Sebastian, defendant
Oil Terminal S.A., Ministry of Economy, Entrepreneurship and Tourism
Application by the shareholder Dumitrescu Andrei Sebastian for a declaration by the Court of Constanța that the OGSM
Decision No 2/26.04.2021 is partially null and void, as regards Article 1. by which the shareholders of Oil Terminal S.A.
approved "the financial statements for the year 2020, prepared in accordance with International Financial Reporting
Standards (IFRS), comprising: statement of financial position, statement of comprehensive income, statement of
changes in equity, statement of cash flows, notes to the financial statements, based on the Report of the Board of
Directors and the Report of the independent financial auditor". On 18.10.2022, the Constanta Court rejected the claim
made by Dumitrescu Andrei Sebastian as unfounded. The judgment may be appealed within 30 days from its
communication. Appeal filed by Dumitrescu Andrei Sebastian on 13.03.2023. Deadline: 20.03.2024.
13. File no.7838/118/2021, pending before the Court of Constanța, plaintiff Dumitrescu Andrei Sebastian, defendant
Oil Terminal S.A., Romanian State through the Ministry of Economy, Entrepreneurship and Tourism.
Application by the shareholder Dumitrescu Andrei Sebastian to the Court of Constanta for a declaration that the
Directors' Report for the first half of 2021, concluded on 30.06.2021, is partially null and void. On 05.01.2022, the
plaintiff makes a supplementary application requesting:
1. full absolute annulment of BOD Decision No 70/10.08.2021.
2. the absolute annulment in its entirety of OGSM Decision No 14/29.12.2021.
The case has a deadline of 26.10.2022. Adjourns the judgment to 09.11.2022. Reject as unfounded the objection of
illegality of the certificate number M03 no.11703/02.02.2011 issued for the land of 254,261.33 sq.m. located in the
North Platform Section, as well as the objection of illegality of the certificate number M03 no.11704/02.02.2011 issued
for the land of 129,334.70 sq.m. located in the North Platform Section. Dismisses, as unfounded, the application
brought by the applicant Dumitrescu Andrei Sebastian. Appeal within 30 days of notification. The appeal was lodged
on 13.03.2023. Time limit: 20.03.2024
14. File no.8452/118/2021, pending before the Court of Constanta, plaintiff Dumitrescu Andrei Sebastian, defendant
Oil Terminal S.A. and the Roman State through the Ministry of Energy.
Application for a writ of summons by which the shareholder Dumitrescu Andrei Sebastian requests the Court of
Constanta to order "the partial absolute nullity of the following corporate acts:
1. the updated articles of association (constitutive act) authenticated under no.631/12.05.1997 by B.N.P. Victoria
Badea, main claim, not assessable in money;
2. the updated articles of association (constitutive act) according to Decision no.2 of the Extraordinary General
Meeting of Shareholders of Oil Terminal S.A. dated 28.07.2000, accessory head of claim, non-assessable in money;
3. the by-laws (articles of association) updated in accordance with Resolution No. 1 of the Extraordinary General
Meeting of Shareholders of Oil Terminal S.A., dated 29.03.2001, accessory head of claim, non-assessable in money;
4. the by-laws (articles of association) updated according to the Extraordinary General Meeting of Shareholders of
Oil Terminal S.A., dated 31.07.2001, accessory head of claim, not assessable in money;
5. the by-laws (articles of association) updated in accordance with Decision no.l of the Extraordinary General Meeting
of Shareholders of Oil Terminal S.A., dated 11.06.2003, accessory end of the claim, non-valuable in money;
6. the by-laws (articles of association) updated according to the Resolution No. 1 of the Extraordinary General Meeting
of Shareholders of Oil Terminal S.A., dated 22.12.2004, accessory head of claim, non-assessable in money;
7. the by-laws (articles of association) updated according to Resolution no.3 of the Extraordinary General Meeting of
Shareholders of Oil Terminal S.A., dated 05.03.2007, accessory head of claim, non-assessable in money;
8. the Articles of Association (Articles of Incorporation) updated according to Resolution no.2 of the Extraordinary
General Meeting of Shareholders, dated 06.03.2009, accessory head of claim, not assessable in money;
9. the by-laws (articles of association) updated according to the Decision no.3 of the Extraordinary General Meeting
of Shareholders of Oil Terminal S.A., dated 04.03.2010, accessory end of the claim, non-valuable in money;
10. the by-laws (articles of association) updated according to Resolution no.2 of the Extraordinary General Meeting of
Shareholders of Oil Terminal S.A., dated 02.08.2010, accessory end of the claim, non-valuable in money;
11. the by-laws (articles of association) updated according to Resolution No. 1 of the Extraordinary General Meeting
of Shareholders of Oil Terminal S.A., dated 24.11.2011, accessory head of claim, non-assessable in money;