High Court of Review and Justice
PRESS RELEASE
In its session of 19 October 2020, High Court of Review and Justice – Panel for Appeals in the interest of the Law, lawfully established in the case, considered an appeal in the interest of the law, and returned the following Judgment:
Judgment #24 in case #1373/1/2020
Sustains the appeal in the interest of the law brought by the Collegiate Management Body of the Court of Appeals Braşov and consequently rules that:
In case a judge is called upon to rule in an extra-ordinary avenue of appeal of disaffirmance brought against a judgment returned in yet another extra-ordinary avenue of appeal of disaffirmance, successively brought against their judgment in appeal or appeal on law, the stipulations of Art. 41 para. (1) First Thesis in the Civil Procedure Code are not applicable if the particular circumstances of the dispute clearly show the judge is not put in a situation of having to evaluate their own decision, directly or indirectly.
Under Art. 41 para. (1) in the Civil Procedure Code, the judge who returned the judgment in appeal is absolutely incompatible with ruling in the motion for review or motion for annulment brought against their judgment returned in the appeal on law challenging their judgment in appeal.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, 19 October 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