High Court of Review and Justice
PRESS RELEASE
In its session of 6 December 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 three requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Decision #81 in Case #2483/1/2021
Sustains the request from Tribunal Bucharest – IV Civil Chamber, in Case # 10415/300/2019/a1, for a preliminary ruling and establishes the following:
In the interpretation and application of Article 719 para. 4 point 1 in the Code of Civil procedure, the effects of the compulsory suspension of foreclosure shall take place until the date on which the appeal against enforcement in first court is brought to an end, and an application on that subject-matter cannot be reiterated in the appeal against the decision of the enforcement court.
Denies as inadmissible the request for a preliminary ruling in the interpretation of Article 719 para. 4 point 1 in the Code of Civil procedure, in terms of indicating the limits of the analysis of the court, in checking the incidence of the case of compulsory suspension of foreclosure.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 6th of December 2021.
Decision #82 in Case #2562/1/2021
Denies as inadmissible the request brought by the Court of Appeals Bucharest – Chamber III for Civil matters and Juvenile and Family matters, in Case #19731/3/2018, for a preliminary ruling on the following point of law:
In interpreting the provisions of Articles 477 – 478 in the Code of Civil procedure, in the absence of criticism from the plaintiff, by means of an appeal, in connection with the valuation of the building, he may subsequently request, by way of a stand-alone application, the application directly in appeal of the amendments of Law No 165/2013 on measures to complete the process of restitution, in kind or in equivalent, of buildings abusively taken over during the communist regime in Romania, with subsequent amendments and additions?
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 6th of December 2021.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.