High Court of Cassation and Justice
PRESS RELEASE
In its session of 5 December 2022, 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 79 in Case 2059/1/2022
The Panel sustains the request brought by the High Court of Cassation and Justice – First Civil Chamber in Case no. 16667/3/2019*, for a preliminary ruling and, as a result, establishes that:
In interpreting the provisions of Article 497 of the Code of Civil Procedure, as amended by Law no. 310/2018 amending and supplementing Law no. 134/2010 on the Code of Civil Procedure, as well as amending and supplementing other normative acts, in conjunction with the provisions of Article 492 para. (1), art. 498 and art. 501 para. (3) and (4) of the Code of Civil Procedure, if the recourse is sustained in the second round of proceedings and the contested decision is anulled, the High Court of Cassation and Justice will only hold the case for trial on the merits when it would not be in a position to analyse the factual situation by reclassifying the facts or by supplementing or re-administering the evidence, otherwise the case will be sent back to the Court of Appeal or, as the case may be, to the first instance.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 5 December 2022.
Judgment 80 in Case 2112/1/2022
The Panel sustains the request brought by Court of Appeal of Iaşi – Labour and Social Security Litigation Chamber, in Case no. 643/99/2021, for a preliminary ruling and, as a result, establishes that:
In interpreting Art. 731 para. (13) of Law no. 7/2006 on the status of parliamentary civil servants, republished, as amended, the provision referring in the text to the provisions of Articles 83-92 of Law no. 263/2010 on the unitary system of public pensions, as amended, covers all the legal conditions for the establishment of the survivor’s pension, including the method of determining its amount – as a percentage of the average annual score achieved by the supporter, related to the pension provided for in para. (1) of Article 89 of Law No. 263/2010 on the unified public pension system, as amended.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 5 December 2022.
Judgment 81 in Case 1945/1/2022
The Panel denies as inadmissible the request brought by the Specialised Tribunal of Mureş, in Case no. 3327/320/2021, for a preliminary ruling for the clarification of the following point of law:
- How can the court’s obligation “to apply as a matter of priority – the solution of adaptation of the contract” – established in the light of the provisions of Article 3 together with those of Article 4 para. (4) of Law no. 77 of 28 April 2016, published in the Official Gazette of Romania, Part I, no. 330 of 28 April 2016 – as amended by Law no. 52 of 13 May 2020, published in the Official Gazette of Romania, Part I, no. 386 of 13 May 2020, by the recital in paragraph 48 of Decision no. 432 of 17 June 2021 of the Constitutional Court of Romania, published in the Official Gazette of Romania, Part I, no. 905 of 21 September 2021 – with the possibility for the consumer to claim the adjustment of a credit agreement concluded with a professional when that credit agreement has previously been declared to be due in advance, the claim thus arising – represented by the obligation to repay the entire credit, together with the interest on the agreement and other charges – being pursued in the context of enforcement proceedings for the pursuit of the mortgaged property (dwelling), without it being valued?
- In the same circumstances, what would be the objective criteria for identifying the “social utility of the continued performance of the contract”, which seems to be enshrined as a principle by the Constitutional Court of Romania in the decision mentioned above?
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 5 December 2022.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.