High Court of Review and Justice
PRESS RELEASE
In its session of 31 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 three requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment #69 in Case #1071/1/2022
The Panel denies as inadmissible the request brought by the First Civil Chamber of the High Court of Review and Justice in Case #7.467/63/2019 for a preliminary ruling for the clarification of the following point of law:
„Whether in interpreting and applying the stipulations of Art. 1.385 para. (1) and (3) of the Civil Code, the loss caused by the perpetration of an offence stipulated under Art. 23 para. (1) of Government Emergency Order # 77/2009 on the Organization and Operation of Gambling Operations, in the version in effect as of the date when the offense was committed, is presumed by law by the stipulations of Art. 13 para. (1), Art. 14 para. (2) item b) point (i) and Art. 15 para. (6) item a) of the Annex to the same regulatory act.”
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing today the 31st of October 2022.
Judgment #70 in Case #1626/1/2022
The Panel denies as inadmissible the request brought by the First Civil Chamber of Craiova Court of Appeals in Case #9790/225/2020 for a preliminary ruling for the clarification of the following point of law:
Whether in interpreting and applying the stipulations of Art. 94 point 1 item k), Art. 125, Art. 651 para. (3) and (4) of the Civil Procedure Code, it is deemed that an application requesting for the acknowledgment of the statute of limitation of a right to obtain the enforcement of an enforceable title represents an action for claims under the ordinary law in the meaning of Art. 94 point 1 item k) of the Civil Procedure Code, subject to the value criterion, or an enforcement claim subject to the special procedure rules in this area.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing today the 31st of October 2022.
Judgment #71 in Case #1725/1/2022
The Panel denies as inadmissible the request brought by the Second Civil Chamber of Constanţa Tribunal in Case #3273/212/2022, for a preliminary ruling for the clarification of the following point of law:
Whether a legal assistance agreement for the lawyer profession, as regulated by Law # 51/1995 on the Organization and Practice of the Lawyer Profession, as republished and as subsequently amended and supplemented, represents or not an enforceable title for delay penalties.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing today the 31st 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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