High Court of Review and Justice
PRESS RELEASE
In its session of 3 October 2022, the High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in each of the cases, considered five requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment #54 in Case #1153/1/2022
The Panel sustains the request brought by the First Civil Chamber of Bacău Court of Appeals in Case #2316/103/2019.
In interpreting and applying the stipulations of Art. 56 para. (1) item c) and Art. 56 para. (2) of Law #53/2003 – the Labor Code, as republished and subsequently amended and supplemented, it establishes that:
The dismissal of an application for retirement for age limit by a reduction of the standard retirement age under the review procedure set forth by Art. 107 of Law #263/2010 on the Uniform Pension System, as subsequently amended and supplemented, triggers the application of the stipulations in the Civil Code regulating the nullity of legal documents in respect of the acknowledgment of a case of termination for convenience of an individual employment agreement issued by an employer under the stipulations of Art. 56 para. (2), corroborated with Art. 56 para. (1) item c) of the Labor Code.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 3rd of October 2022.
Judgment #55 in Case #1206/1/2022
The Panel denies as inadmissible the request brought by the Eighth Chamber for Administrative and Tax Litigation of Bucharest Court of Appeals in Case #10474/3/2018 for a preliminary ruling for the clarification of the following point of law:
Whether the stipulations of Art. 7 para. (2) of Government Emergency Ordinance #90/2017 on Tax and Budgetary Steps, Amending and Supplementing Normative Acts and Prorogating Specific Terms, as approved with additions by Law #80/2018, as subsequently amended and supplemented, by correlation with the stipulations of Art. 38 para. (3) item a) of Framework Law #153/2017 on the Remuneration of Staff Paid from Public Funds, as subsequently amended and supplemented, are interpreted as meaning that they may not have as effect a decrease in the net income of persons falling under their scope.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 3rd of October 2022.
Judgment no.56 in Case #1055/1/2022
The Panel denies as inadmissible the request brought by the Second Civil Chamber of Timişoara Court of Appeals in Case #3087/30/2015/a36 for a preliminary ruling for the clarification of the following point of law:
- Whether the application of the stipulations of Art. 2661and Art. 2663 of Law #207/2015 on the Tax Procedure Code, as subsequently amended and supplemented, introduced by Government Ordinance #30/2017 amending and supplementing Law #207/2015 on the Tax Procedure Code, as approved with amendments and additions by Law #150/2018, is compatible to Law #85/2014 on Insolvency Prevention and Insolvency Proceedings, as subsequently amended and supplemented.
- What are the punctual enforcement measures that can be implemented under the Tax Procedure Code? Can one order a distraint against the single insolvency account, by derogation from the stipulations of Art. 163 para. (3) of Law #85/2014?
- Whether according to the stipulations of Art. 352 para. (4) of the Tax Procedure Code, enforcements terminated ope legis under Art. 75 of Law #85/2014 are deemed as pending.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 3 October 2022.
Judgment #57 in Case #1141/1/2022
The Panel sustains the request brought by the Third Chamber for Civil, Minor and Family Law Cases of Bucharest Court of Appeals in Case #25029/3/2020 for a preliminary ruling and, as a result, establishes that:
In interpreting the stipulations of Art. 21 para. (6) of Law #165/2013 on Steps for Finalizing the Process of Restitution, In-kind or by Equivalent, of Real Properties Abusively Taken during the Communist Regime in Romania, as subsequently amended and supplemented, as amended by Law #193/2021 approving Government Emergency Ordinance #72/2020 on Suspending the Application of the stipulations of Art. 21 para. (6) of Law #165/2013 on Steps for Finalizing the Process of Restitution, In-kind or by Equivalent, of Real Properties Abusively Taken during the Communist Regime in Romania and Setting Transitory Steps, establishes that, in a litigation involving an appeal filed against a compensation decision issued by the National Commission for the Compensation of Real Properties, the stipulations of Art. 21 para. (6) of Law #165/2013, as amended by Law #193/2021, are interpreted as meaning that the real property will be evaluated by reference to the grid of public notaries valid in the year preceding the issuance of the compensation decision by the National Commission for the Compensation of Real Properties that is subject to the judicial appeal.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 3 October 2022.
Judgment #58 in Case #1166/1/2022
The Panel sustains the request brought by the First Civil Chamber of Alba Tribunal in Case #2640/298/2020 for a preliminary ruling and, as a result, establishes that:
In interpreting and applying the stipulations of Art. 4 para. (1) of Law #17/2014 on Steps Regulating Sales of Agricultural Land Located outside the Built-up Area and Amending Law #268/2001 on the Privatization of Companies Holding under Administration Lands that Are Publicly and Privately Owned by the State and on the Creation of the State Domain Agency, as subsequently amended and supplemented, and Art. 13 para. (5) of Cadaster and Real Estate Registration Law #7/1996, as republished and subsequently amended and supplemented, the observance of the preemption right provided by Art. 4 para. (1) of Law #17/2014 is not required at the time of conclusion of an agreement regarding the disposition of possession on an agricultural land located outside the built-up area.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 3 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