High Court of Cassation and Justice
PRESS RELEASE
In its session of 13 November 2023, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered three appeals in the interest of the law and returned the following Judgments:
Decision No 19 in Case No 2223/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Galaţi and, accordingly:
In the uniform interpretation and application of the provisions of Articles 35 and 95 of Law No 69/2000, in conjunction with Articles 6, 33 and 35 of Government Ordinance No 26/2000, as well as Article 8 of the Regulation on the organisation of the Register of Associations and Foundations, the Register of Federations and the National Register of Non-profit Legal Entities, approved by Order of the Minister of Justice No 954/2000, establishes that:
The affiliation of new members of a sports foundation constitutes an amendment of the constitutive act or, as the case may be, of the statute, within the meaning of Article 33 of Government Ordinance No 26/2000.
The rights resulting from membership are conditional on the entry in the Register of Federations of the amendment to the statutes consisting in the affiliation of new members.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 13 November 2023.
Decision no. 20 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:
In the uniform interpretation and application of the provisions of Article 1 point (b), Art. 4 para. (1) and Art. 5 para. (7) of Decree-Law No 118/1990 on the granting of certain rights to persons persecuted for political reasons by the dictatorship established from 6 March 1945 and to those deported abroad or taken prisoner, republished, as subsequently amended and supplemented, in the case of persons taken prisoner by the Soviet side prior to 23 August 1944 and held in captivity after the end of the armistice, the period of imprisonment for the purposes of determining the basis for calculating compensation under Article 4 para. (1) of the aforementioned Decree-Law does not include the period of imprisonment prior to 23 August 1944.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 13 November 2023.
Decision No 21 in Case No 2296/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the High Court of Cassation and Justice and, consequently, establishes that:
In the uniform interpretation and application of the provisions of Article 1 para. (1) of Government Emergency Ordinance No 94/2000 on the retrocession of immovable property belonging to religious cults in Romania, republished, with subsequent amendments and additions, and Articles 32-34 of Decree-Law No 115/1938 on the unification of provisions concerning land registers, with subsequent amendments, the phrase “immovable property belonging to religious cults” refers exclusively to the assets of the component units of religious cults, and not to the assets of separate establishments entered in the land register as owners of the property.
In the uniform interpretation and application of the provisions of Article 4 para. (2)-(5) of Government Emergency Ordinance No 94/2000 and Articles 32 to 34 of Decree-Law No 115/1938, a structure of a religious cult may prove that it is the former owner of the property for which it is seeking restitution, in the sense that it was a tabular owner of a settlement of its own, on which it conferred an estate of allocation by dividing its single estate, only by means of direct evidence of the legal situation claimed.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 13 November 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.