Press release – Panel for the Clarification of Certain Points of Law in Civil Matters in its session of 28 June 2021

High Court of Review and Justice 

PRESS RELEASE

In its session of 28 June 2021 the High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in each Case, considered requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:

 

Decision #53 in Case #1131/1/2021 

Denies as inadmissible the request brought by the Court of Appeals Piteşti – Chamber I for Civil Matters, in Case # 3199/109/2020, for a preliminary ruling on the following point of law:

Interpretation and application of Art. 101 para. (6) and (8) in the Tax Code concerning the date as of which the tax quota is calculated that applies to the difference of income from pensions for previous periods, specifically is there to be a break-down per months so as to calculate tax for each of those periods or will there be an overall tax based on the date payment is made.

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

Returned in public session today, the 28th of June, 2021.

 

Decision #54 in Case #1224/1/2021 

Denies as inadmissible the request brought by the Tribunal Bucharest – Chamber V for Civil Matters in Case # 26769/300/2019 for a preliminary ruling on the following point of law:

“In the meaning of Art. 5 para. 3 corroborated with Art. 6 para. 1, Art. 7 para. 4 and Art. 6 para. 2 in Law #77/2016, do notifications formulated by debtors, subsequent to final admission of the challenge filed by the creditor against the first foreclosure notification, still produce the effect of lawful suspension as under Law #77/2016 or not?”

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

Returned in public session today, the 28th of June, 2021.

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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