High Court of Review and Justice
PRESS RELEASE
In its hearing of 6 December 2021, the Panel for the Settlement of Appeals in the Interest of the Law the High Court of Review and Justice, legally established in each of the cases, settled two appeals in the interest of the law, and returned the following judgments:
Judgment no. 27 in case no. 2618/1/2021
The Panel admits the appeal in the interest of the law filed by the Managing Board of Bucharest Court of Appeals and, as a result, establishes that:
Based on the consistent interpretation and application of the stipulations of Art. 131 para. (1), Art. 714 para. (1) and Art. 719 para. (7) of the Civil Procedure Code, a court vested with a request for temporary suspension of enforcement has an obligation to check its jurisdiction in compliance with the general provisions, and if it establishes that it has no jurisdiction to settle the case on the merits, it must render a decision on declining its jurisdiction in favor of the enforcement court.
Mandatory, pursuant to the stipulations of Art. 517 para. (4) of the Civil Procedure Code.
Rendered in public hearing today, 6 December 2021.
Judgment no. 28 in case no. 2705/1/2021
The Panel admits the appeal in the interest of the law filed by the General Prosecutor of the Prosecutors’ Office under the High Court of Review and Justice and, as a result, establishes that:
Based on the consistent interpretation and application of the stipulations of Art. 58 para. (5) of Law no. 119/1996 on Civil Status Documents, as republished, amended and supplemented, of Art. 94 point 1 item b) of Law no. 134/2010 on the Civil Procedure Code, as republished, amended and supplemented (both in the version prior to Law no. 310/2018 and in the subsequent version of this law), of Art. 100 para. (2) and (4) of Law no. 287/2009 on the Civil Code, of Art. 2 para. (1) item c), f) and i) and para. (2) and of Art. 5 para. (2) of Law no. 554/2004 on Administrative Litigation, as amended and supplemented, the substantive and procedural jurisdiction to adjudicate claims for annulment/challenges filed against decisions issued by mayors in settling requests for the correction of civil status documents in first instance rests with district courts.
Mandatory, pursuant to the stipulations of Art. 517 para. (4) of the Civil Procedure Code.
Returned in public hearing today, 6 December 2021.
After the considerations are drafted, and the judgments are signed, they will be published in Part I of the Official Journal of Romania.
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