High Court of Cassation and Justice
PRESS RELEASE
In its session of 23 October 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. 17 in Case No. 1958/1/2023
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:
The provisions of Article 1691 of Law No. 263/2010 on the Unified Public Pension System, as amended and supplemented, do not preclude or prevent the review of pension rights with the application of the provisions of Article 2 para. (1) and Art. 4 para. (1) of Government Emergency Ordinance No 4/2005 on the recalculation of public system pensions from the former state social security system, approved with additions by Law No 78/2005, as subsequently amended and supplemented, in conjunction with the provisions of Article 2 para. (1) and (3) of the Annex to Government Decision No 1550/2004 on the performance of assessment operations for the recalculation of public system pensions established in the former state social insurance system under legislation prior to 1 April 2001, in accordance with the principles of Law No. 19/2000, as subsequently amended and supplemented, in the interpretation given to these texts by Decision No 11 of 25 May 2015 of the High Court of Cassation and Justice – Panel for appeals in the interest of the law, published in the Official Gazette of Romania, Part I, No 522 of 14 July 2015.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 23 October 2023.
Decision No 18 in Case No 1025/1/2023
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 the uniform interpretation and application of the provisions of Article 21 para. (1), (2) and (5) of Law No. 132/2017 on compulsory motor third party liability insurance for damage caused to third parties by accidents involving vehicles and trams, as subsequently amended and supplemented, in the event of failure to comply with the 30-day period provided for in Art. 21 para. (1) and (2) of the same act, the penalties of 0.2% per day of delay shall be due from the expiry of the 30 days within which the insurer had to respond to the claim of the requesting party.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 23 October 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.