High Court of Review and Justice
PRESS RELEASE
In its session of 26 October 2020, High Court of Review and Justice – Panel for Appeals in the interest of the Law, lawfully established in each of the cases, considered three appeals in the interest of the law, and returned the following Judgments:
Judgment #25 in case #1811/1/2020
Sustains the appeal in the interest of the law brought by the Collegiate Management Body of the Court of Appeals Bucharest.
In the uniform interpretation and application of the stipulations of Art. 55 in Government Emergency Order #80/2013 on the Judicial Stamp Tax, as amended and supplemented, the Court establishes that:
In the case of the trials that started under the applicability of Law #146/1997 on the Judicial Stamp Tax, as amended and supplemented, it is the stipulations of that Law and not of Government Emergency Order #80/2013 that are applicable to judicial stamp tax owed for motions, accessory motions, incidental motions and procedural incidents as well as avenues of appeals whether ordinary or extra-ordinary.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today,26 October 2020.
Judgment #26 in case #2057/1/2020
Sustains the appeal in the interest of the law brought by the Collegiate Management Body of the Court of Appeals Constanţa and consequently rules that:
In the uniform interpretation and application of the stipulations of Art. 18 para. (8) and (81) in Government Order #18/2009 on the Organization and Funding of Medical Residency, approved under Law #103/2012, as amended and supplemented and Art. 18 para. (1) in Government Emergency Order #103/2013 on Salaries for Personnel Paid from Public Funds in the year 2014, as well as other measures in the domain of public expenditures, approved with supplements under Law #28/2014, as amended and supplemented, amounts paid by a medical facility as scholarship to a resident physician as per Government Emergency Order #103/2013 do not constitute an expenditure occasioned by the physician’s professional training in the meaning of Art. 18 para. (8) and (81) in Government Order #18/2009.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today,26 October 2020.
Judgment #27 in case #2245/1/2020
Sustains the appeal in the interest of the law brought by the Ombudsman and consequently rules that:
In the uniform interpretation and application of the stipulations of Annex VIII Cap. II letter A, Section II, item 6, sub-item 6.2, letter a), item 1 in Framework Law #153/2017 correlated to the stipulations of Art. 38 para. (3), para. (4) and para. (6) in the same Law, the personnel in public facilities for veterinary medicine and food safety who are employed and work in the specialty of specific positions stipulated in the Appendix shall be entitled to hazard pay as regulated Framework Law #153/2017, as of the date the base pay, position-related pay and employment allowance become equal to or higher than those established for the year 2022, as a result of regulated pay raises.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, 26 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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