Press release – Panel for the Clarification of Certain Points of Law in Civil Matters in its session of 5 October 2020

High Court of Review and Justice

PRESS RELEASE

In its session of 5 October 2020, the High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in the case, considered a request for a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:

Judgment #60 in case #1667/1/2020

Denies as inadmissible the request from the Court of Appeals Bucharest – Chamber V Civil Matters for a preliminary ruling for the clarification on the following points of law:

“1. In the interpretation of Art. 1596 letter a) and Art. 2327 in the Civil Code, Art. 5 item 15 and Art. 161 item 5 in Law #85/2014, does the notion of ‘priority creditor’ also include the government-based creditor that is entitled to the order of priorities stipulated by Art. 161 item 5 in Law #85/2014?;

2. In the interpretation of Art. 1593 para. (1) and Art. 1597 in the Civil Code, does the effect of subrogation by a private creditor also include their acquiring the payment priority status to which a government-based creditor is entitled as under Art. 161 item 5 in Law #85/2014?”

Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.

Returned in public session today, the 5th of October 2020.

After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.

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