High Court of Review and Justice
PRESS RELEASE
In its hearing of 6 June 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 four referrals for a preliminary ruling for the clarification of law matters, and rendered the following judgments:
Judgment no. 33 in case no. 629/1/2022
The Panel dismisses, as inadmissible, a referral filed by Galaţi Court of Appeals – Chamber for Employment and Social Insurance Litigation, in case no. 303/121/2021, for a preliminary ruling for the clarification of the following law matter:
According to the interpretation and application of the provisions of Art. 107 para. (1) of Law no. 263/2010 on the Unitary Public Pension System, as subsequently amended and supplemented, can one amend, through revision, the full contribution period used, which was not appealed at the time of setting the pension rights, as a result of a judgment rendered in the interest of the law by the High Court of Review and Justice ?
Mandatory, as per the provisions of Art. 521 para. (3) of the Civil Procedure Code.
Rendered in public hearing today, 6 June 2022.
Judgment no. 34 in case no. 658/1/2022
The Panel dismisses, as inadmissible, a referral filed by Cluj Court of Appeals – Fourth Chamber for Employment and Social Insurance Litigation, in case no. 2744/117/2020, for a preliminary ruling for the clarification of the following law matter:
Are the provisions of Art. 1 para. (3) and Art. 38 para. (6) of Framework Law no. 153/2017 on the Remuneration of Staff Paid from Public Funds, as subsequently amended and supplemented, which include the wording “as a result of regulated salary increases” interpreted as also applying to salary increases acknowledged by court judgments or only to salary increases established by normative acts (laws, emergency ordinances) or by administrative acts of budget managers?
Mandatory, as per the provisions of Art. 521 para. (3) of the Civil Procedure Code.
Rendered in public hearing today, 6 June 2022.
Judgment no. 35 in case no. 679/1/2022
The Panel dismisses, as inadmissible, a referral filed by Cluj Court of Appeals – Third Chamber for Administrative and Tax Litigation, in case no. 2281/117/2021, for a preliminary ruling for the clarification of the following law matter:
Whether according to the interpretation and application of the provisions of Art. 154 para. (1) item i) of the Tax Code; of Art. 2 para. (1) item a), of Art. 17 para. (2), and of Art. 61 para. (2) of Government Emergency Ordinance no. 158/2005 on Sick Leaves and Health Insurance Indemnities, as approved with amendments and additions by Law no. 399/2006, as subsequently amended and supplemented; of Art. 37 para. (1) of Government Ordinance no. 38/2003 on Remuneration and Other Rights of Policemen, as approved with amendments and additions by Law no. 353/2003, as subsequently amended and supplemented, the professional category of policemen, during the period while they are in sick leaves for temporary work incapacity, awarded as per Government Emergency Ordinance no. 158/2005, benefits from salary or indemnity for such medical certificates and whether such right is exempted or not from the payment of social health insurance contributions.
Mandatory, as per the provisions of Art. 521 para. (3) of the Civil Procedure Code.
Rendered in public hearing today, 6 June 2022.
Judgment no. 36 in case no. 585/1/2022
The Panel dismisses, as inadmissible, a referral filed by Iaşi Court of Appeals – Civil Chamber, in case no. 98/99/2020/a1, for a preliminary ruling for the clarification of the following law matter:
Whether based on the interpretation and application of the provisions of Art. 180 of Law no. 85/2014 on Insolvency Prevention and Insolvency Proceedings, as subsequently amended and supplemented, an action filed based on the provisions of Art. 169 of the same law can be settled after the insolvency proceeding closure.
Mandatory, as per the provisions of Art. 521 para. (3) of the Civil Procedure Code.
Rendered in public hearing today, 6 June 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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