High Court of Review and Justice
PRESS RELEASE
In its session of 20 July 2020, High Court of Review and Justice – Panel for Appeals in the interest of the Law, lawfully established in each of the cases, considered 3 appeals in the interest of the law, and returned the following Judgments:
Judgment #15 in case #1048/1/2020
Sustains the appeal in the interest of the law brought by the Collegiate Management Body of the Court of Appeals Suceava and consequently rules that:
The legal countersuit brought by the employer against the employee in the matter of restitution of amounts paid by the former to the second, voluntarily before the start of foreclosure, based on an executory judgment returned by a court of first instance which is subsequently overturned in appeal, has the legal nature of a labor dispute that comes under the stipulations of Art. 256 para. (1) in Law # 53/2003 of The Labor Code, as republished, amended and supplemented, and the material jurisdiction to try the case in first instance belongs to a Tribunal – Chamber for Labor Litigations and Social Benefits, as under Art. 208 and Art. 210 in the Law of Social Dialog #62/2011, as republished, amended and supplemented.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, 20 July 2020.
Judgment #16 in case #1134/1/2020
Sustains the appeal in the interest of the law brought by Prosecutor General of the Prosecutor’s Office attached to the High Court of Review and Justice and consequently rules that:
The interpretation and application of Art. 13 para. (2) in Government Order #2/2001 on the legal status of administrative violations, as approved with amendments and supplements under Law #180/2002, as amended and supplemented, corroborated with Art. 31 and with Art. 37 para. (5) in Law # 50/1991 on Authorizing Performance of Construction Work, as republished, amended and supplemented, the statute of limitations for administrative liability for such administrative violations as stipulated by Art. 26 para. (1) letter a) in Law # 50/1991, as republished, consisting in erecting, without a building permit, a structure that includes all the structural elements needed for it to be regarded as completed at the date of the violation, shall start as of the date the structured is completed de facto.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today,20 July 2020.
Judgment #17 in case #1135/1/2020
Sustains the appeal in the interest of the law brought by Prosecutor General of the Prosecutor’s Office attached to the High Court of Review and Justice and consequently rules that:
In the uniform interpretation and application of the stipulations of Art. 41 para. (1) and Art. 45 para. (2) Thesis I in Law # 85/2014 on Procedures to Prevent Insolvency and on Insolvency, Art. 260 para. (1) and (4) in the Tax Procedure Code, Art. 651 para. (1), Art. 714 para. (1) and Art. 719 para. (1) and (7) in the Civil Procedure Code, material jurisdiction to consider challenges to foreclosure engaged in by government-entity creditors based on Art. 143 para. (1) Final Thesis in Law # 85/2014 belongs to the syndic judge appointed for the insolvency procedure where the respective challenges are brought, as under Art. 45 para. (1) letter r) and para. (2) in Law # 85/2014.
In the uniform interpretation and application of the stipulations of Art. 997 para. (1) in the Civil Procedure Code, correlated with Art. 233 para. (1) letter a) and Art. 260 in the Tax Procedure Code, motions addressed to the syndic judge by order of the chair judge are admissible whose object is constituted of temporary measures to lift, suspend and provisionally suspend foreclosure measures undertaken by the relevant tax authorities in the cases where they had started the foreclosure on the basis of Art. 143 para. (1) Final Thesis in Law # 85/2014.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today,20 July 2020.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.
OFFICE FOR PUBLIC INFORMATION AND RELATIONS