High Court of Review and Justice
PRESS RELEASE
In its hearing of 31 January 2022, 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. 1 in case no. 2905/1/2021
The Panel admits the appeal in the interest of the law filed by the Managing Board of Suceava Court of Appeals and, as a result, establishes that:
Based on the consistent interpretation and application of the stipulations of Art. 603 para. (3) of the Civil Procedure Code, the wording “after checking (…) whether the requirements are complied with” refers to a check of the formal requirements applicable to arbitral awards, not to those applicable to its content.
Mandatory, pursuant to the stipulations of Art. 517 para. (4) of the Civil Procedure Code.
Rendered in public hearing today, 31 January 2022.
Judgment no. 2 in case no. 2943/1/2021
The Panel admits the appeal in the interest of the law filed by the Managing Board of Cluj Court of Appeals and, as a result, establishes that:
Based on the consistent interpretation and application of the stipulations of Art. 416 para. (1) of the Civil Procedure Code, in case of optional suspension, ordered by the court under Art. 413 para. (1) point 1 of the Civil Procedure Code until the Court of Justice of the European Union renders a preliminary ruling for a request from other national court or from a court of another member state of the European Union, the sue petition or, as the case may be, the mean of appeal, does not become obsolete in cases where the interested party fails to request for the case re-docketing within 6 months after the date when the preliminary ruling is rendered by the Court of Justice of the European Union, and the court has an obligation to decide on the resumption of proceedings ex officio.
Mandatory, pursuant to the stipulations of Art. 517 para. (4) of the Civil Procedure Code.
Returned in public hearing today, 31 January 2022.
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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