High Court of Review and Justice
PRESS RELEASE
In its hearing of 31 January 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 each of the cases, settled two referrals for a preliminary ruling for the clarification of law matters, and rendered the following judgments:
Judgment no. 5 in case no. 2721/1/2021
The Panel dismisses, as inadmissible, the joined referrals filed by Timiş Tribunal – First Civil Chamber, in cases no. 1136/252/2021 and no. 8988/325/2021 for a preliminary ruling for the clarification of the following law matters:
<<Whether the time when the statute of limitation starts running for the right to request the enforcement of an enforceable title consisting in a court judgment rendered in a litigation governed by the provisions of the 1865 Civil Procedure Code, enforced during the period of application of the 2013 Civil Procedure Code, is the date of the judgment of the court of first instance that is final and enforceable under Art. 377 para. (1) point 1 and Art. 376 para. (1) of the old Civil Procedure Code or the date when such judgment remained irrevocable, i.e., the date when the judgment dismissing the extraordinary appeal filed against it was dismissed.
Whether the second indent of Art. 706 para. (2) of the 2013 Civil Procedure Code, according to which “In case of court judgments and arbitral awards, the statute of limitation starts running as from the date when they remain final”, applies only to judgments/awards rendered under the new Civil Procedure Code or also to those rendered under the 1865 Civil Procedure Code. >>.
Mandatory, as per the provisions of Art. 521 para. (3) of the Civil Procedure Code.
Rendered in public hearing today, 31 January 2022.
Judgment no. 6 in case no.2840/1/2021
The Panel dismisses, as inadmissible, a referral filed by Oradea Court of Appeals – First Civil Chamber, in case no. 917/35/2008/a2*, for a preliminary ruling for the clarification of the following law matter:
Whether the sectoral reference value established in favor of the specialty auxiliary staff under Art. 11 of Law no. 50/1996 on Remuneration and other Rights of Staff of Judicial Authority Bodies, as republished and as subsequently amended and supplemented, until the date of coming into effect of Government Ordinance no. 8/2007 on the Remuneration of Auxiliary Staff of Courts and Prosecutors’ Offices Attached to Them and of other Units of the Justice System, as approved with amendments by Law no. 247/2007, as subsequently amended and supplemented, is included in the base for calculation of salary rights due and granted after the coming into effect of Law no. 330/2009 on Unitary Remuneration of Staff Paid from Public Funds, as subsequently amended, also by reference to Judgment no. 7 of 11 February 2019 rendered by the High Court of Review and Justice – Panel for the Settlement of Appeals in the Interest of the Law, published in Part I of Official Journal of Romania no. 343 of 6 May 2019.
Mandatory, as per the provisions of Art. 521 para. (3) of the Civil Procedure Code.
Rendered 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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