Challenging DSP contravention reports: public health, hygiene inspections & measures

For companies and individuals who received a DSP contravention report (fine, warning, corrective measures and compliance deadlines) after a public health or hygiene inspection. We review the documents, the appeal deadline (typically 15 days from service under Government Ordinance no. 2/2001) and the evidence, then we build a defence and a compliance plan aligned to your actual situation.

The information is general and does not replace legal advice. The facts, documents and timeline matter.


When you may need this

  • You received DSP sanctions for alleged hygiene breaches in commercial or work premises.
  • The inspection notes deficiencies related to cleaning, disinfection, storage, sanitary facilities, ventilation or water.
  • You were ordered to implement remedial measures with short deadlines and you need prioritisation and proof.
  • The report relies on hygiene rules such as Ministry of Health Order no. 119/2014.
  • You expect follow-up inspections and want a documented compliance file.
  • You received requests for procedures, contracts, analysis reports or hygiene logs and you need a consistent response.
  • You need to distinguish between technical nonconformities and contravention findings (different defence points).
  • You want to reduce business disruption through a practical compliance sequence.

What we do, in practice

  • We review the DSP report and related documents (annexes, photos, inspection notes, measure orders).
  • We confirm the deadline and the competent court under Government Ordinance no. 2/2001.
  • We analyse the relevant hygiene and public health framework, including Order no. 119/2014 and other cited rules in the inspection.
  • We identify legal vulnerabilities: competence, factual description, legal basis, proportionality and evidence gaps.
  • We build the evidence package: plans, photos, logs, procedures, DDD contracts (disinfection, deratisation, pest control), lab analysis where relevant, staff instructions.
  • We draft and file the contravention complaint and represent you in court with a focus on chronology and evidence.
  • Where there are separate administrative acts (orders/decisions), we assess whether tools under Law no. 554/2004 may be relevant.
  • We help you document compliance (dated photos, signed logs, service reports, training records) for future inspections.

Documents and information useful for the first review

DocumentWhy it mattersNotes
DSP contravention report + annexesSets the allegations, legal basis, sanctions and measuresWe verify service, mandatory elements and evidence references
Inspection notes, photos, sketchesFixes the factual situation at inspection timeChronology and full context matter
Cleaning & disinfection procedures and logsShows organisation and traceability of hygiene measuresSignatures, frequency and consistency are important
DDD contracts and service reportsSupports preventive measures and regularityWe verify provider, frequency and documentation
Lab analysis reports (where relevant)Can be essential for water or sanitary parameter allegationsFor drinking water, see the framework in Law no. 458/2002
Staff training records (where relevant)Shows internal prevention and responsibilitiesTraining dates should be correlated with the inspection date

Risks and common mistakes

  • Missing the 15-day deadline for the complaint (see Government Ordinance no. 2/2001).
  • Challenging without proof of the factual situation at the inspection date (photos, logs, documents).
  • Implementing fixes without documenting them (you cannot prove what you did and when).
  • Mismatch between written procedures and real practice (incomplete logs, no traceability).
  • Incomplete replies to DSP requests that later complicate the case file.
  • Confusing corrective measures with contravention sanctions (different approaches and timelines).

FAQ

What is the deadline to challenge a DSP contravention report?

As a rule, 15 days from service, under Government Ordinance no. 2/2001, Article 31.

Why is Order no. 119/2014 often cited in DSP inspections?

It approves hygiene and public health rules regarding the population’s living environment, and it is frequently used as a reference in inspections (see Order no. 119/2014).

Can corrective measures be challenged as well?

It depends on the form and legal nature of the act; some measures are within the report, others may be imposed through separate acts where Law no. 554/2004 may become relevant.

If I complied immediately, does it still make sense to challenge?

It can, especially for legality and proportionality; the strategy depends on the inspection evidence and on the specific allegations.

Where is the complaint filed?

Typically, the competent court is the local court (judecătoria), under the rules in Government Ordinance no. 2/2001.

What should I prepare before contacting you?

The contravention report, the service date, any photos or documents received during the inspection and a short factual summary; then we build the relevant document list for defence and compliance.


Contact

E-mail: alexandru@maglas.ro | Phone: +40 756 248 777

Relevant internal links

Law Office Services – Administrative Law & Urban Planning Law

Legal Fees (Hourly / Fixed / Hybrid)

Contact lawyer in Bucharest

Sources