Rosia Montana , Romania 

The Alba-Iulia Court of Appeal has suspended the discharge certificate for the so-called Carnic/Cirnic Massif. The decision was taken following a request calling for an urgent decision by ‘Alburnus Maior'* .
Gabriel Resources (TSX: GBU), a junior Canadian mining company, intends to realize Europe's largest open-cast mining development in Rosia Montana entailing, amongst other, the involuntary resettlement of over 2000 people as well as the destruction of unique archaeological and natural sites. Over 1000 archaeologists and expert institutions have protested against the destruction of Rosia Montana 's unique archaeological heritage. Whilst according to Gabriel Resources the Carnic Massif is set to become the so-called Cirnic open pit, French archaeologists researching the massif since 2000 unearthed unique pre-Roman and Roman mine galleries in a remarkable state of preservation.

In January 2004, Romania 's Ministry for Culture and Cults issued a discharge certificate for the Carnic Massif at Rosia Montana . According to Romanian legislation, a discharge certificate puts a previously protected area back into the economic circuit. Given the massif's unique importance as cultural patrimony of national interest, Alburnus Maior immediately challenged the Ministry's decision. Given that litigations tend to extend over a long period, Alburnus Maior evoked a so-called "Presidential Ordinance" which allows courts to apply urgent measures. In accepting the urgent situation that was proven by Alburnus Maior, the Law Court based its decision to suspend Carnic's discharge certificate on the following:
According to Law 5/2000, the Roman mine galleries at Rosia Montana are patrimony of national interest
The scientific base upon which the Ministry for Culture and the Cults legitimized Carnic's archeological discharge does not contain the pre-requisite and explicit recommendation for its discharge
Environmental Protection Law 137/1995 stipulates measures for cultural heritage protection, ignored by the investor Rosia Montana Gold Corporation (RMGC) in carrying out exploitation activities without fulfilling its obligation to protect the above-mentioned values.
When being asked about Alburnus Maior's court action, Mona Musca, Romania 's Minister for Culture and the Cults declared: "Maybe it's good that this is happening. There is no way that I can hinder those who seek the truth. Maybe justice is a way to untie the Gordian Knot".
"This is a great victory for Alburnus Maior and an important precedent for Romania . It shows that environmental protection and cultural heritage matter over interests such as money and politics. There are things that money can not buy and the court's decision is a confirmation of this fact", concludes Eugen David, President of Alburnus Maior.