High Court of Cassation and Justice
PRESS RELEASE
In its session of 18 September 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. 15 in Case No. 1459/1/2023
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.
In the uniform interpretation and application of the provisions of Article 452 para. (1) letter h) of Law no. 227/2015 on the Tax Code, establishes that, following the removal from the substance of the active legislation of the provisions of Art. 270 para. (3) of Law no. 86/2006 on the Customs Code, during the period from 5 May to 16 June 2022, the possession outside the tax warehouse and/or the sale on the territory of Romania of more than 10,000 cigarettes subject to marking, without being marked, improperly marked or with false markings, originating from smuggling, acts prior to the entry into force of Government Emergency Ordinance no. 85/2022, constitutes the offence provided for in Art. 452 para. (1) letter h) of Law no. 227/2015 on the Tax Code.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 18 September 2023.
Decision No 16 in Case No 1577/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Cluj.
In interpreting and applying the provisions of Article 31 para. (1) of Government Ordinance No 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law No 180/2002, as subsequently amended and supplemented, establishes that:
In the event of a complaint of a contravention, the legal provisions referred to above do not exclude the application of the provisions of Article 204 para. (1) of the Code of Civil Procedure.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 18 September 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.