High Court of Cassation and Justice
PRESS RELEASE
In its session of 15 May 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 5 in Case No 564/1/2023
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 Timişoara concerning the uniform interpretation and application of the provisions of Article II para. (5) in relation to Art. (1) of Law No 130/2015 supplementing Law No 567/2004 on the status of specialised auxiliary staff of the courts and public prosecutors’ offices and of staff working within the National Institute of Forensic Expertise, in order to determine whether, in order to obtain the benefit of the service pension governed by those legal provisions, it was necessary for specialised auxiliary staff to submit an application during the period in which they were in receipt of a service pension established in accordance with the old provisions of Law No 567/2004.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 15 May 2023.
Decision no. 6 in Case No. 671/1/2023
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 interpretation and uniform application of the provisions of Article 651 para. (1) of the Code of Civil Procedure, where the enforceable title relates to an unincorporated dismemberment, the territorial jurisdiction of the enforcement court may be determined by reference to the secondary place of business of the debtor legal person, i.e. the place of business of that dismemberment.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 15 May 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.