High Court of Cassation and Justice
PRESS RELEASE
In its session of 13 March 2023, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered two appeals in the interest of the law and returned the following Judgments:
Decision No 1 in Case No 9/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Bucharest and consequently establishes that:
In the uniform interpretation and application of the provisions of Article 253 para. (1) letter (c) of the Civil Code and Article 94 point (1) letters (h) and (k) and Article 95 point (1) of the Code of Civil Procedure, the tribunal shall have jurisdiction to rule on the substance of cases involving applications for a declaration of the unlawful nature of an act adversely affecting non-pecuniary rights based on the provisions of Article 253 para. (1) letter (c) of the Civil Code, where they are brought simultaneously with claims based on Article 253 para. (4) of the Civil Code to award compensation for non-pecuniary damage not exceeding 200,000 lei inclusive.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 13 March 2023.
Decision No 2 in Case No 2648/1/2022
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:
In interpreting and applying the provisions of Article 562 para. (1) of Law no. 263/2010 on the unified public pension system, amended and supplemented by Law no. 197/2021, the legal provisions referred to recognise ope legis a reduction of the standard retirement age by 13 years for persons who have completed a contribution period of 25 years, corresponding to at least 30 years of activity in the jobs referred to in Art. 30 para. (1) letter (i) of Law No. 263/2010 on the Unified Public Pension System, as amended and supplemented by Law No. 197/2021, regardless of the conditions under which the activity was performed by the employer/former employer under the previous legislation and regardless of the type of social insurance contribution due by the employer/former employer.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 13 March 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.