Decision on the Preliminary Request Submitted by [...] Regarding CNPF Letter No. 04-5/3044

REPUBLIC OF MOLDOVA NATIONAL FINANCIAL MARKET COMMISSION 77 Stefan cel Mare si Sfant Blvd., Chisinau, MD 2012, tel: (373 22) 859 401, www.cnpf.md, e-mail: office@cnpf.md DECISION August 4, 2026 No. 38/2 Regarding the Preliminary Request submitted by [...]

On July 20, 2026, within the National Financial Market Commission (CNPF), the Preliminary Request submitted by [...] (petitioner), with the documents attached to it, was registered (No. 6109), by which the annulment of CNPF letter No. 04-5/3044 dated July 17, 2026, and the re-examination of the petition submitted on July 14, 2026 (registered at CNPF with No. 5939) (Preliminary Request) are requested.

In this case, it should be noted that, in order to ensure a full, objective, and transparent investigation that offers the real possibility of analyzing the petitioner's claim, the petitioner is informed that the examination of the factual and legal circumstances relevant to the case, in advance order, is carried out by distinct executors within the CNPF.

In fact, on July 14, 2026, within the CNPF, the petition of [...], with the documents attached to it, re-addressed by the National Bank of Moldova through letter No. 09-02113/37/3811 dated July 14, 2026, regarding the disagreement with the actions of CA "DONARIS VIENNA INSURANCE GROUP" SA (insurer), related to the Voluntary Motor Vehicle Insurance Contract No. [...] dated [...] (Contract), was registered (No. 5939).

As a result of the examination of the petition and the evidence presented, the CNPF, through letter No. 04-5/3044 dated July 17, 2026, completed the administrative procedure.

Not agreeing with the CNPF's solution, the petitioner submitted a Preliminary Request.

In law, Article 19 of the Administrative Code provides that "The Preliminary Request is the institution that offers a pre-litigation path for the resolution of administrative disputes," and Article 162 paragraphs (1) and (3) of the same law stipulate that "(1) The preliminary procedure aims to verify the legality of individual administrative acts. [...] (3) The Preliminary Request may be directed towards: a) the annulment in whole or in part of an illegal or null individual administrative act;".

In accordance with Article 20 of the Administrative Code, "If a legitimate right or a freedom established by law is violated through an administrative activity, this right may be claimed through an administrative litigation action, [...]", and according to Article 17, "A violated right is any right or freedom established by law to which/which is affected by administrative activity."

Under the conditions of Article 166 of the Administrative Code, "The Preliminary Request may be submitted only if the person claims the rights violated by the issuance or refusal to issue an individual administrative act."

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Concurrently, Article 167 paragraph (3) of the Administrative Code establishes a term of 15 calendar days for the resolution of the preliminary request by the public authority that issued the contested act, which may be extended under the conditions of Article 60 paragraphs (4) – (5) of the same law.

In the sense of Article 169 paragraph (3) of the Administrative Code, the provisions regarding the individual administrative act apply correspondingly, in the order of examining the preliminary request.

At the same time, it should be noted that, under the conditions of Article 94 paragraph (2) of the Administrative Code, through CNPF letter No. 06-5/3207 dated July 29, 2026, [...] was informed about the right to be heard in writing, by presenting, by August 3, 2026, an exposition on the aspects considered relevant and which the authority must take into account during the examination of the Preliminary Request.

Subsequently, through the letter dated July 30, 2026 (registered at CNPF with No. 6510), the petitioner presented the exposition, as a hearing, in written form.

Analyzing the arguments presented by [...], in light of the legal provisions, their lack of relevance is assessed, for which reason the Preliminary Request should be rejected as unfounded, for the following reasons:

1. According to Article 4 paragraph (1) of Law No. 192/1998, "(1) The Authority of the National Commission extends to participants in the non-banking financial market, which include issuers of securities, professional participants in the non-banking financial market and investors, as well as to subjects of relations concerning regulation, supervision and control in the field of consumer rights protection."

Complementarily, Article 4 paragraphs (21), (22) and (23) of the same law establish that "(21) Subjects of relations concerning regulation, supervision and control in the field of consumer rights protection are: […] b) professional participants in the insurance market and brokerage assistants, within the meaning of Law No. 92/2022 on insurance or reinsurance activity; […] (22) The National Commission exercises the powers of regulation, supervision and control within the limits provided by Law No. 106/2022 on mandatory civil liability insurance for damages caused by vehicles, which extends over all subjects of legal relations deriving from contracts of mandatory civil liability insurance for damages caused by vehicle accidents. (23) The powers of the National Commission regarding the regulation, supervision and control of the subjects indicated in paragraph (21) letter b) of this article extend to the insurance conditions within the limits established by Law No. 92/2022 on insurance or reinsurance activity."

The cited norm clearly reveals the establishment of the CNPF's exclusive competence over legal relations established between a professional and a consumer. The implicit exception provided with reference to legal persons concerns only the regulatory and supervisory framework established in light of Law No. 106/2022 on mandatory civil liability insurance for damages caused by vehicles (Law No. 106/2022).

At the same time, the verification of the legality of insurance conditions may occur in certain circumstances with regard to legal persons.

Therefore, by correlating the relevant legal norms in the insurance field, it is established that the CNPF exercises the following powers:

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1. regulation, supervision and control of professional participants in the insurance market and brokerage assistants, within the meaning of Law No. 92/2022 on insurance or reinsurance activity (Law No. 92/2022), in the field of consumer rights protection;
2. regulation, supervision and control of legal relations arising from mandatory civil liability insurance contracts for damages caused by vehicles (RCA), within the limits established by Law No. 106/2022;
3. regulation, supervision and control of insurance conditions, within the limits and according to the requirements established by Law No. 92/2022.

2. In this case, it is established that the Contract was concluded between the petitioner and CA "DONARIS VIENNA INSURANCE GROUP" SA.

According to Article 1 of Law No. 105/2003 on consumer protection, "consumer – any natural person who intends to order or procure or who orders, procures or uses products, services for needs unrelated to entrepreneurial, industrial, artisanal or professional activity;".

Thus, in the sense of the aforementioned norm, in the contractual relationship with the insurer, [...] does not hold the status of consumer, because the commercial company is, by its very legal nature, a legal person.

3. Subsequently, given that between the parties, under the conditions of Law No. 92/2022, a legal relationship was established, related to the voluntary insurance of the transport means, located in the ownership or use of the contracting company, it results that this cannot be examined in light of the powers concerning legal relations arising from mandatory civil liability insurance contracts for damages caused by vehicles (RCA).

4. Additionally, it is established that the divergence between [...] and the insurer concerns the implementation of the Contract's provisions and, implicitly, its unilateral termination, an aspect that exceeds the sphere of insurance conditions and can be resolved only through an action in a court of law.

Thus, termination is an institution of common civil law, regulated by the Civil Code, applicable to contracts, having as its object the sanctioning of the non-performance of contractual obligations by one of the parties and, as an effect, the retroactive dissolution of the contractual relationship. Being an institution of common law, termination is not created, governed or circumscribed by the insurance conditions established by the insurer, but by the imperative norms of the Civil Code, applicable equally to any contract.

In this context, insurance conditions represent the technical-legal document, elaborated by the insurer, which establishes the covered risks and the procedure for establishing and assessing damages, without replacing the common law mechanisms regarding the termination of contracts for non-performance.

Therefore, disputes regarding the termination of contracts fall within the competence of the courts, called to apply and interpret the common law provisions applicable.

From the considerations recorded above, under the terms of Article 18 paragraph (3), Article 20 paragraphs (1), (6) and (7) and Article 22 paragraph (3) of Law No. 192/1998 on the National Financial Market Commission, Article 17, Article 19, Article 162 paragraphs (1) and (3) letters a) and b), Article 166, Article 167 paragraph (3) and Article 169 paragraphs (2) and (3) of the Administrative Code, points 16 and 19 of the Regulation on the organization and functioning of the National Financial Market Commission (CNPF Decision No. 57/11/2022),

The National Financial Market Commission DECIDES:

1. The Preliminary Request submitted by [...], against CNPF letter No. 04-5/3044 dated July 17, 2026 (registered at CNPF with No. 6109 on July 20, 2026), is rejected.

2. This Decision may be contested with an administrative litigation action, submitted to the Chisinau Court, Rascani seat (MD-2068, Chisinau, Kiev 3 St.), within 30 days from the date of communication of the CNPF decision regarding the preliminary request.

3. This Decision enters into force on the date of adoption and is communicated to the recipient in accordance with the legislation.

Dumitru BUDIANSCHI, PRESIDENT

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Adopted at the Board of Directors meeting on August 4, 2026 Board Members A. Gheorghiță ____________________ V. Rusnac ____________________ Legal Department I. Grosu _____________________ M. Nicorici _____________________ Administration and Secretariat Department A. Verebceanu ____________________