The High Court of Cassation and Justice has established that the liability that a person who supervises and controls the activity of another person has for the actions of the latter does not operate in reverse. Thus, a person who performs an action or carries out an activity under the direction, supervision and control of another person is not liable for the actions of that other (controlling) person.
By way of example, the employee working under the employer’s supervision will not be liable for the employer’s actions, as the employer is liable for the actions of his employee.
By his court action, the plaintiff claimed that the Romanian State should be held liable for his having been injured in Timisoara on 17 December 1989, alleging that the relationship between the Romanian State and the former President was one of principal and agent, the State having acted on the orders of the President.
The High Court of Cassation and Justice has held that the liability of the principal for the act of the agent does not operate in reverse, so the liability of the agent for the act of the principal cannot be incurred, and the claim for damages was rejected.