Press release – Panel for Appeals in the interest of the Law in its session of 15 March 2021

High Court of Review and Justice

PRESS RELEASE

In its session of 15 March 2021, the High Court of Review and Justice – Panel for Appeals in the interest of the Law, lawfully established in each of the cases, considered two appeals in the interest of the law and returned the following Judgments:

Judgment #3 in case #3345/1/2020

Denies as inadmissible the request for an appeal in the interest of the law brought by The Collegiate Management Body of the Court of Appeals Cluj on the following point of law: Is the nominalistic principle, regulated under Art. 1578 in the Civil Code of 1864 and Art. 1488 para. (1) in the New Civil Code, also applicable to loan contracts concluded on the territory of Romania between a consumer and a provider of financial services, in the case where the borrowed amount is expressed in foreign currency and repayment of the loan by periodical (monthly) payments is to be performed in the same currency”?

Obligatory, as under Art.  517 para. (4) in the Civil Procedure Code.

Returned in public session today, the 15th of March 2021

Judgment #4 in case #3397/1/2020

Sustains the appeal in the interest of the law brought by The Collegiate Management Body of the Court of Appeals Cluj and establishes that:

In applying the stipulations of Art. 45 para. (1) letter a) and Art. 43 para. (7) in Law #85/2014 corroborated with Art. 480 para. (2) and para. (3) in the Civil Procedure Code, the Court of Appeals, before which the appeal was filed against the decision of the syndic judge to deny a motion to transition the debtor to the bankruptcy procedure or under which a reorganization plan is confirmed, shall sustain the appeal, repeal de decision and will send the case to the syndic judge with a mandatory order that the debtor be transitioned into bankruptcy.

Obligatory, as under Art.  517 para. (4) in the Civil Procedure Code.

Returned in public session today, the 15th of March 2021

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