High Court of Review and Justice
PRESS RELEASE
In its hearing of 7 March 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 three appeals in the interest of the law, and returned the following judgments:
Judgment no. 6 in case no. 3123/1/2021
The Panel admits the appeal in the interest of the law filed by the Ombudsman, and, as a result, establishes that:
Based on the consistent interpretation and application of the stipulations of Art. 39 para. (1) of Bailiffs’ Law no. 188/2000, as republished and as subsequently amended and supplemented, of those of Justice Minister’s Order no. 2.550/C/2006 Approving the Minimum and Maximum Fees for Services Rendered by Bailiffs, as subsequently amended, and of the stipulations of Art. 670 para. (2) of the Civil Procedure Code, it establishes that:
The maximum fees of bailiffs, as set by Art. 39 para. (1) of Law no. 188/2000 and by Justice Minister’s Order no. 2.550/C/2006, do not include the value added tax specified by Art. 265 of the Tax Code (former Art. 125 of the Tax Code of 2003) related to services rendered by them under enforcement proceedings.
Mandatory, pursuant to the stipulations of Art. 517 para. (4) of the Civil Procedure Code.
Rendered in public hearing today, 7 March 2022.
Judgment no. 7 in case no. 40/1/2022
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. 4886 para. (l) of the Criminal Procedure Code, by reference to Art. 285 of the same Code and to Art. 154 of the Criminal Code, in cases involving challenges related to the length of court proceedings in case of acts the authors of which have not been identified (or are identifiable), despite the efforts necessary for this made by the criminal prosecution bodies, terms are set for the completion of criminal prosecution (which implies the identification of perpetrators), during which a new challenge may not be filed.
Mandatory, pursuant to the stipulations of Art. 517 para. (4) of the Civil Procedure Code.
Rendered in public hearing today, 7 March 2022.
Judgment no.8 in case no.59/1/2022
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. 39 para. (1) of Law no. 307/2006, the employed staff of voluntary/private emergency services is not included ope legis in the category of special work conditions, by reference to Art. 1 – 3 of Government Decision no. 1025/2003, and the stipulations of Art. 1 and Art. 6 of Government Decision no. 1294/2001 and of Art. 2 para. (2) of Interior Minister’s Order no. 283/2002 are not applicable to it.
Mandatory, pursuant to the stipulations of Art. 517 para. (4) of the Civil Procedure Code.
Returned in public hearing today, 7 March 2022.
After the considerations are drafted, and the judgments are signed, they will be published in Part I of the Official Journal of Romania.
Information and Public Relations Office