High Court of Cassation and Justice
PRESS RELEASE
In its session of 19 June 2023, 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 10 in Case No 1023/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Cluj and, accordingly:
In the uniform interpretation and application of the provisions of Articles 142 and 144 of the Code of Civil Procedure in conjunction with Article 59 of Law No. 304/2022 on the organisation of the judiciary, it establishes that:
The application for transfer, within the jurisdiction of the court of appeal, of a trial at the appeal or recourse stage shall be decided in the composition prescribed by law for the respective procedural stage.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 19 June 2023.
Decision No 11 in Case No 1026/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Cluj and consequently establishes that:
In interpreting and applying the provisions of Art. 53 para. (1) and par. (11) of Law 101/2016 on remedies and appeals in the award of public procurement contracts, sectoral contracts and works and service concession contracts, as well as for the organisation and functioning of the National Council for the Settlement of Disputes and Art. V para. (3) of Law no. 208/2022 amending and supplementing Law no. 98/2016 on public procurement, Law no. 99/2016 on sectoral procurement, Law no. 100/2016 on works concessions and service concessions, and Law no. 101/2016 on remedies and appeals in the award of public procurement contracts, sectoral contracts and works and service concession contracts, as well as for the organisation and functioning of the National Council for the Settlement of Disputes, the material jurisdiction to settle disputes concerning the execution of public procurement contracts registered with the courts after the entry into force of the amendments made to Law no. 101/2016 by Law no. 208/2022, i.e. after 10.09.2022, belongs to the administrative and tax litigation chamber of the court.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 19 June 2023.
Decision No 12 in Case No 426/1/2023
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 the uniform interpretation and application of the provisions of Article 31 para. (12) of Law No. 360/2002 on the Status of Police Officers, as amended and supplemented, introduced by Article I of Law No. 288/2018 amending and supplementing certain normative acts, the right to monthly rent compensation for the payment of credit instalments cannot be recognized for police officers who have concluded mortgage / real estate credit contracts prior to the entry into force of Law No. 288/2018.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 19 June 2023.
Decision no. 13 in Case No. 2233/1/2023
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:
Application of the provisions of Article 41 para. (3) of the Criminal Code on international recidivism, in the case of a final conviction ordered by a foreign court, can only be made after going through the procedure for recognition of the foreign conviction, exclusively incidentally, provided for in Article 147 of Law No 302/2004, republished, and not on the basis of existing entries in the European Criminal Records System (communication through ECRIS).
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 19 June 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.