Press release – Panel for the Clarification of Certain Points of Law in Civil Matters in its session of 22 November 2021

High Court of Review and Justice 

PRESS RELEASE

In its session of 22 November 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 a request for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:

Decision #80 in Case #2056/1/2021

Sustains the request from Court of Appeals Craiova – Administrative and Tax Litigation Chamber, by the rulling of 19 January 2021, in Case #640/104/2020, for a preliminary ruling and establishes the following:

In interpreting and applying the provisions of Article 96 para. 2 in Law No 1/2011 on National Education, as amended and supplemented, the representation of the local council in the Management Board of the pre-university educational establishments having legal personality shall not be effected exclusively through a local adviser, thus another natural person may also be empowered to represent it.

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

Returned in public session today, the 22nd of November 2021.

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