High Court of Cassation and Justice
PRESS RELEASE
In its session of 13 september 2021 the High Court of Review and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered two appeals in the interest of the law and returned the following Judgments:
Decision #16 in Case #1325/1/2021
Sustains the appeal in the interes of the law brought by the Collegiate Management Body of the Court of Appeals Bucharest and consequently establishes that:
In the uniform interpretation and application of the stipulations of Art. 11 para. (3) in Law #80/1995 on the by-law of the military personnel, as amended and supplemented correlated with Art. 60 in Law #223/2015 on military state pensions as amended and supplemented, military pensioners, awarded with the order “Military Merit”, 3rd, 2nd and 1st classes, receive an increase of 10%, 15% and 20% of the pension; however, by applying this increase, the net pension cannot be higher than the average of the net monthly pay/salaries corresponding to the gross monthly pay/salaries included in the pension base.
Denies as inadmissible the appeal in the interest of the law brought by the Collegiate Management Body of the Court of Appeals Bucharest concerning the interpretation of the stipulations of Art. 108, correlated with Art. 28 and Art. 30 of Law No 223/2015 on Military State Pensions, as amended and supplemented, concerning the increase for the contribution to the supplementary Pension Fund, in the sense that it falls within the pension basis, being, consequently, subject to the ceiling provided for by Art. 30 of the same law, or that it is a right which is not part of the pension, and must therefore be added to its amount.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, the 13th of september 2021.
Decision #17 in Case #1376/1/2020
Denies as inadmissible the application made by the Cârcei Elena concerning the clarification of the operative part of Decision No 22 of 14 September 2020, delivered by the High Court of Cassation and Justice – The Panel for Appeal in the Interest of the Law in case No 1.376/1/2020, published in the Official Gazette of Romania, Part I, no 1.208 of 10 december 2020.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, the 13th of september 2021.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.