High Court of Review and Justice
PRESS RELEASE
In its session of 17 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 #59 in Case #1442/1/2022
The Panel denies as inadmissible the request brought by the Second Chamber for Civil, Administrative and Tax Litigation of Bacău Court of Appeals in Case #2278/110/2021 for a preliminary ruling for the clarification of the following point of law:
Whether the provisions regulating the case of suspension of the statute of limitation provided by Art. 41 of Appendix #1 to President of Romania’s Decree #195/2020 on Instating a State of Emergency on the Territory of Romania and by Art. 62 of Appendix #1 to President of Romania’s Decree #240/2020 on Extending the State of Emergency on the Territory of Romania fall under the legal premises for the suspension of running of an enforcement’s statute of limitation provided by Art. 708 para. (1) point 4 of the Civil Procedure Code.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing today the 17th of October 2022.
Judgment #60 in Case #1509/1/2022
The Panel denies as inadmissible the request brought by the First Civil Chamber of Suceava Court of Appeals in Case #1649/40/2020 for a preliminary ruling for the clarification of the following point of law:
Whether the provisions Art. 5 para. (3) of Appendix #II, Chapter II, of Framework Law #153/2017 on the Remuneration of Staff Paid from Public Funds, as subsequently amended and supplemented, should be interpreted as excluding the possibility to award an increase for extremely hazardous conditions provided by Art. 7 item b) of Appendix #II, Chapter II, of Framework Law #153/2017 for work performed by physicians during their on-call shifts under a part-time employment agreement.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing today the 17th of October 2022.
Judgment #61 in Case #1545/1/2022
The Panel sustains the request brought by the Employment and Social Insurance Litigation Chamber of Iași Court of Appeals in Case #3631/99/2021 for a preliminary ruling and, as a result, establishes that:
In interpreting and applying the stipulations of Art. 2 para. (1) item c) and Art. 36 para. (3) of Framework Law #153/2017 on the Remuneration of Staff Paid from Public Funds, as subsequently amended and supplemented, the technical, economic, social and administrative staff of public hospitals fully funded from their own revenues that are under the subordination, the authority or the coordination of the Health Ministry is remunerated in compliance with Appendix #VII to Framework Law #153/2017.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing today the 17th of October 2022.
Judgment #62 in Case #1603/1/2022
The Panel denies as inadmissible the request brought by the Administrative and Tax Litigation Chamber of Craiova Court of Appeals in Case #2742/95/2020 for a preliminary ruling for the clarification of the following point of law:
Whether in interpreting the stipulations of Art. 4 and points 1, 7, 11-16 of the Note to Appendix #1 to Law #138/1999 on the Remuneration and other Rights of the Military Staff of National Defense, Public Order and National Security Public Institutions, and on the Award of Salary Rights to the Civil Staff of such Institutions, as subsequently amended and supplemented, in respect of the ranking coefficients for positions corresponding to a colonel rank, the notion of “similar position” (corresponding to) the colonel rank, includes both management and execution positions.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing today the 17th of October 2022.
Judgment #63 in Case #1585/1/2022
The Panel denies as inadmissible the request brought by the Second Civil Chamber of Suceava Tribunal in Case #164/334/2020 for a preliminary ruling for the clarification of the following point of law:
Whether in case of an action filed by an MTPL insurer against its own insured party, the stipulations of Art. 58 item b) of Law #136/1995 on Insurance and Reinsurance in Romania, as subsequently amended and supplemented, are interpreted as meaning that the nature and term of the statute of limitation of the substantive right to file an action is of 2 years, as per the stipulations of Art. 2.519 para. (1) of the Civil Code applicable to the right to action based on an insurance relationship, or of 3 years, as stipulated by the stipulations of Art. 2.517 and/or Art. 2.528 para. (1) of the Civil Code applicable to recourse actions/civil tort liability actions.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing today the 17th of October 2022.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.
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