High Court of Cassation and Justice
PRESS RELEASE
In its session of 7 November 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 two requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment 72 in Case 1508/1/2022
The Panel denies as inadmissible the request brought by the Court of Appeal of Cluj – III Administrative and Tax Litigation Chamber, by judgement of 16 May 2022, in Case no. 2.194/100/2020, for a preliminary ruling for the clarification of the following point of law:
If the closing of the conventions and the payment of the subsidies provided for in Article 85 para. (1) of Law No 76/2002 on the unemployment insurance system and the stimulation of employment, as subsequently amended and supplemented, is conditional only on the submission of an application by the employer within 12 months of the date of conclusion of the employment contract with a person falling within the categories referred to in that legal text, or whether, in addition, during that 12-month period there must also be budgetary funds/credits approved for that purpose by the senior authorising officers?
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 7 November 2022.
Judgment 73 in Case 1572/1/2022
The Panel sustains the request brought by the Court of Appeal of Bucharest – II Civil Chamber, by judgement of 9 June 2022, in Case no. 1.653/110/2021, for a preliminary ruling and, as a result, establishes that:
In interpreting the provisions of Article 5 para. (1) letters (a) and (b) final sentence of Law No 309/2002 on the recognition and granting of certain rights to persons who served their military service in the General Directorate of the Labour Service between 1950 and 1961, as subsequently amended and supplemented, surviving widows who have not remarried are entitled not only to exemption from the payment of the radio and television subscription fee, but also to free medical assistance and medicines, both in outpatient treatment and during hospitalisation.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 7 November 2022.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.