Press release – Panel for the Clarification of Certain Points of Law in Civil Matters in its session of 27 September 2021

High Court of Review and Justice 

PRESS RELEASE

In its session of 27 September 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 four requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:

Decision #61 in Case #1794/1/2021

Denies as inadmissible the request brought by the Court of Appeals Bucharest – Chamber VII for Labor Conflicts and Social Insurance, in Case #1046/87/2020, for a preliminary ruling on the following point of law:

“’In the interpretation of the stipulations of Art. 7 in Annex I, Chapter I letter (b) and Art. 38 in Law No 153/2017 on the remuneration of staff paid from public funds, it is to be determined whether the increase provided for by the law applies to the basic salary on payment, from 01.07.2017.

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

Returned in public session today, the 27th of September 2021.

Decision #62 in Case #1861/1/2021

Denies as inadmissible the request brought by the Court of Appeals Craiova – Chamber for Labor Conflicts and Social Insurance, in Cases #1397/101/2020 and #1394/101/2020, for a preliminary ruling on the following point of law:

“’If the retention of the positive effect of the judgment, pursuant to Article 431 (2) of the Code of Civil procedure, entails whether or not the condition of the identity of the parties is fulfilled”.

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

Returned in public session today, the 27th of September 2021.

Decision #63 in Case #1842/1/2021

Denies as inadmissible the request brought by the Court of Appeals Bucharest – Chamber VI for Civil Matters, in Case #6818/3/2020, for a preliminary ruling on the following point of law:

The provisions of Article 27 of the Code of Civil procedure shall be understood as meaning that first instance judgments given during the period when there was in force Government Emergency Ordinance No 23/2020 on amending and supplementing certain normative acts having an impact on the public procurement system, that is, prior to the publication in the Official Gazette of Romania, Part I, No 594 of 7 July 2020, of Decision No 221 of 2 June 2020 of the Constitutional Court (which found that this normative act was not constitutional), are subject to the appeal provided for in that Ordinance or to the recouse provided for in Article 55 (3) of Law No 101/2016 on appeals and remedies in the field of the allocation of public procurement contracts, the sectoral contracts and work and service concession contracts, as well as for the organization and functioning of the National Council for Solving Complaints, in the form prior to the amendment made by Government Emergency Ordinance No 23/2020, considering that the appeal is settled after the publication in the Official Gazette of Romania, Part I, of the decision on non-constitutionality?

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

Returned in public session today, the 27th of September 2021.

Decision #64 in Case #1695/1/2021

 Denies as inadmissible the request brought by the Court of Appeals Bucharest – Chamber III for Civil matters and Juvenile and Family matters, in Case #3202/3/2020, for a preliminary ruling on the following point of law:

Interpretation of the provisions of Article 34 para. (5) letter b) in Law No 165/2013 on the arrangements for completing the refund process, in kind or in equivalent, of the buildings that were abusively seized during the communist regime in Romania, as amended and supplemented, in order to determine whether they derogate solely from the provisions of Article 34(4) of Law No 165/2013 relating to the order of the settlement of administrative files by the National Commission for the Compensation of Buildings and from the provisions of Article 34 (1) and (2) of Law No 165/2013 concerning the 60 months and 36 months deadline, for the settlement of administrative files by the National Commission for the Compensation of Buildings.

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

Returned in public session today, the 27th of September 2021.

After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.