Press release – Panel for Appeals in the interest of the Law in its session of 14 November 2022

High Court of Cassation and Justice 

PRESS RELEASE

 

In its session of 14 November 2022, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered four appeals in the interest of the law and returned the following Judgments:

Decision no. 23 in Case No. 1059/1/2022

Sustains the appeal in the interest of the law brought by the Public Prosecutor of the Public Prosecutor’s Office attached to the High Court of Cassation and Justice and consequently establishes that:

In the uniform interpretation and application of the provisions of Article 38 para. (1) letter c) and Art. 40 para. (1) of the Code of Criminal Procedure, the jurisdiction of the court in criminal cases involving offences committed by judges and prosecutors who have acquired a higher professional rank than that of the court/prosecutor’s office in which they actually work is determined by reference to the court/prosecutor’s office in which the magistrate under investigation actually works and not to his/her higher professional rank.

Mandatory, according to the provisions of Art. 474 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 14 November 2022.

Decision No 24 in Case No 1847/1/2022 

Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Braşov and, consequently, establishes that:

In the uniform interpretation and application of the provisions of Article 1 para. (1) of Government Decision No 1.086/2004 on the determination of specific allowances and entitlements to daily subsistence allowance, accommodation and food due to personnel participating in missions outside the territory of the Romanian State, not published in the Official Journal of Romania, the purpose of the daily subsistence allowance is to compensate for the inconvenience resulting from the risks to which personnel participating in missions outside the territory of the Romanian State in areas of operations are subject.

Dismisses the remainder of the request as inadmissible.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 14 November 2022. 

 

Decision No 25 in Case No 1925/1/2022 

Denies as inadmissible the request for an appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Cluj concerning the following matter of law:

The uniform interpretation and application of the provisions of Art. 226 and Art. 228 of Law no. 71/2011 for the implementation of Law no. 287/2009 on the Civil Code, as subsequently amended and supplemented, in relation to the provisions of Art. 95 para. 2 of the Code of Civil Procedure, concerning the determination of the substantive procedural jurisdiction of the specialised tribunals (Argeș, Cluj, Mureș) or of the specialised chambers/panels of the other tribunals in the settlement of appeals against decisions of the courts rejecting applications for a declaration of enforceability, where the enforceable title is issued by a professional in the context of the operation of a business.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 14 November 2022.

Decision No 26 in Case No 1938/1/2022 

Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Suceava and, consequently, establishes that:

The provisions of Article 7 para. (5) of the Government Emergency Ordinance No 43/2020 for the approval of support measures paid from European funds, following the spread of the COVID-19 coronavirus, during the state of emergency, approved with amendments and additions by Law No 82/2020, with subsequent amendments and additions, as amended by Law No. 166/2021 amending and supplementing Article 7 of Government Emergency Ordinance No 43/2020 approving certain support measures paid from European funds as a result of the spread of the COVID-19 coronavirus during the state of emergency are not applicable to claims pending before the courts on the date of entry into force of Law No 166/2021.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 14 November 2022.

 

After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.