Press release – Panel for the Clarification of Certain Points of Law in Civil Matters in its session of 16 May 2022

High Court of Review and Justice 


In its hearing of 16 May 2022, the Panel for the Clarification of Law Matters in the Civil Law Area of the High Court of Review and Justice, legally established in the case, settled a referral for a preliminary ruling for the clarification of law matters, and rendered the following judgment:


Judgment no. 29 in case no. 323/1/2022 

The Panel admits a referral filed by Timişoara Court of Appeals – Chamber for Administrative and Tax Litigation, in case no. 1.046/115/2021, for a preliminary ruling and, as a result, establishes that:

According to the interpretation and application of the provisions of Art. XV para. (11), by reference to Art. XV para. (1) of Government Emergency Ordinance no. 30/2020 Amending and Supplementing Specific Normative Acts, and Setting Steps in the Social Protection Area in the Context of the Epidemiological Situation Caused by the Spreading of SARS-CoV-2 Coronavirus, as subsequently amended and supplemented, the requirement regarding the “collection of income by minimum 25% lower compared to the monthly average for 2019” does not include the case of not earning income in 2019 as a result of being qualified as a lawyer only starting 2020, namely before the state of emergency was declared by Decree no. 195/2020 of the President of Romania Declaring a State of Emergency in the Territory of Romania, but only the period after the date of 1 January 2020.

Mandatory, as per the provisions of Art. 521 para. (3) of the Civil Procedure Code.

Rendered in public hearing today, 16 May 2022. 

After the considerations are drafted, and the judgment is signed, it will be published in Part I of the Official Journal of Romania.

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