High Court of Review and Justice
PRESS RELEASE
In its session of 3 October 2022, the High Court of Review and Justice – Panel for Appeals in the interest of the Law, lawfully established in each of the cases, considered four requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment #16 in Case #1368/1/2022
The Panel sustains the appeal in the interest of the law brought by The Collegiate Management Body of the Alba Iulia Court of Appeals and establishes that:
The stipulations of Art. 52 para. 4 of Law #80/1995 on the Status of Military Staff, as subsequently amended and supplemented, introduced by Law #101/2019, do not apply to persons specified by Art. 36 para. 1 items e) and h) of Law #80/1995 who were included in the corps of officers prior to the coming into effect of Law #101/2019.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, the 3rd of October 2022.
Judgment #17 in Case #1393/1/2022
The Panel denies as inadmissible the request for an appeal in the interest of the law brought by the Ombudsman on the following point of law:
The interpretation and application of the stipulations of point 3, corroborated with points 6-8 and point 12, by reference to Appendix #2 of Order #50/1990 of the Ministry of Labor and Social Protection, the Ministry of Health and the National Work Protection Commission Specifying Workplaces, Activities and Professional Categories Included under Special Working Conditions Falling under the 1st and 2nd Work Groups for Retirement Purposes, as subsequently amended, and the stipulations of points 1-5 of Order #125/1990 of the Ministry of Labor and Social Protection, the Ministry of Health and the National Work Protection Commission Specifying Workplaces, Activities and Professional Categories Included under Special Working Conditions Falling under the 1st and 2nd Work Groups for Retirement Purposes for the period worked after 1 March 1990, by establishing whether the work performed in former territorial computing centers can be included in the 2nd work group.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, the 3rd of October 2022.
Judgment #18 in Case #1423/1/2022
The Panel sustains the appeal in the interest of the law brought by The Collegiate Management Body of the Braşov Court of Appeals and establishes that:
In applying Art. 14 para. (2) of Government Order #2/2001 on the Legal Status of Misdemeanors, as subsequently amended and supplemented, in disputes concerning administrative complaints, the court may rely on and invoke, sua sponte, the limitation of enforcement of the administrative sanction.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, the 3rd of October 2022.
Judgment #19 in Case #1276/1/2022
The Panel sustains the appeal in the interest of the law brought by The Collegiate Management Body of the Cluj Court of Appeals and establishes that:
Based on a consistent interpretation and application of the stipulations of Art. 262 para. (4), by reference to the stipulations of Art. 75 of Law #85/2014 on Insolvency Prevention and Insolvency Proceedings, as subsequently amended and supplemented, avenues of appeal lodged by a debtor that is an insurance/reinsurance company, against which a bankruptcy proceeding was initiated, against court judgments having adjudicated actions of its creditor/creditors for the collection of receivables against the debtor’s estate filed with the court before the initiation of such proceeding are not suspended by operation of law.
Obligatory, as under Art. 517 para. (4) in the Civil Procedure Code.
Returned in public session today, the 3rd of October 2022.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.
OFFICE FOR PUBLIC INFORMATION AND RELATIONS