High Court of Cassation and Justice
PRESS RELEASE
In its session of 2 October 2023, the High Court of Cassation and Justice- Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in each of the cases, considered three requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment 61 in Case 1637/1/2023
The Panel denies as inadmissible the request brought by the Specialized Tribunal of Cluj – Civil Chamber, in Case no. 941/1285/2022/a2 for a preliminary ruling for the clarification of the following point of law:
“How to interpret the provisions of Art. 200 para. (4) of the Code of Civil Procedure, in conjunction with the provisions of Art. 33 para. (1) and Art. 42 – Art. 44 of Government Emergency Ordinance No. 80/2013, as regards the moment from which the 10-day procedural time-limit is to be calculated for the purpose of establishing the lack of proof of payment of the stamp duty, in the event that an application for the granting of facilities for the payment of the stamp duty has been made?”
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 2 October 2023.
Judgment 62 in Case 1770/1/2023
The Panel denies as inadmissible the request brought by the Tribunal of Călăraşi – Civil Chamber, in Case no. 7830/202/2021 for a preliminary ruling for the clarification of the following point of law:
“The provisions of Article 705 para. (1) of the Code of Civil Procedure shall be interpreted as meaning that the commencement of enforcement in another enforcement file after the termination of enforcement in the first enforcement file pursuant to Art. 703 para. (1), point 2 of the Code of Civil Procedure may be made within the limitation period for enforcement, the acts of enforcement carried out in the previous enforcement file have the capacity to interrupt the limitation period for the right to seek enforcement, an interrupting effect which may be used subsequently, since the enforcement court cannot verify the expiry of the limitation period for the right to seek enforcement in the previous enforcement file, but only from the resumption of enforcement”.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 2 October 2023.
Judgment 63 in Case 1714/1/2023
The Panel denies as inadmissible the request brought by the Tribunal of Hunedoara – First Civil Chamber, in Case no. 3382/278/2023 for a preliminary ruling for the clarification of the following point of law:
If the phrase “the person against whom a measure has been ordered by the protection order for the maximum duration may request the revocation of the order or the replacement of the measure ordered” in Art. 49 para. (1) of Law No. 217/2003 on preventing and combating domestic violence, republished, as amended and supplemented, refers only to the person against whom a protection order of maximum duration has been issued, or is it to be interpreted in such a way that even a person against whom a protection measure of maximum duration has been ordered may request the revocation of the protection order issued against him?;
If the phrase “the person against whom a measure has been ordered by the protection order for the maximum duration may request the revocation of the order or the replacement of the measure ordered” in Art. 49 para. (1) of Law No. 217/2003 is mandatory and is in addition to the other conditions which must be met cumulatively, as laid down in Article 49 para. (2) of Law 217/2003;
If a person against whom a protection order has been ordered for a period of time below the maximum prescribed by law may request the revocation of the order or the replacement of the order;
What is the time limit for lodging an appeal against the civil judgment granting or rejecting the application for revocation of the protection order: 3 days after the judgment is delivered or 30 days after the judgment is served?
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 2 October 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.