High Court of Cassation and Justice
PRESS RELEASE
In its session of 12 June 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 two requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment 44 in Case 933/1/2023
The Panel denies as inadmissible the request brought by the Court of Appeal of Târgu Mureş – Second Civil, Administrative and Tax Litigation Chamber, by judgement of 20 March 2023, in Case no. 244/102/2021*, for a preliminary ruling for the clarification of the following point of law:
In interpreting the provisions of Article 19 of the Administrative Litigation Act No 554/2004, the phrase “injured person” refers strictly to the person who has previously requested, under the terms of Article 18 para. (3) in conjunction with Article 8 of Law No 554/2004 on administrative disputes, the annulment of a regulatory administrative act without also claiming compensation for material and non-material damage, or does the concept of “injured party” also include, for the purposes of Article 19 of Law No 554/2004, a person claiming compensation for damage caused by a regulatory administrative act annulled at the request of a third party?
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 12 June 2023.
Judgment 45 in Case 1050/1/2023
The Panel denies as inadmissible the request brought by the Tribunal of Gorj –Administrative and Tax Litigation Chamber, by judgement of 15 March 2023, in Case no. 6.050/318/2022, for a preliminary ruling for the clarification of the following point of law:
“If in interpreting the provisions of Art. 10 para. (1), (3) and (10) of the Rules on the origin, movement and marketing of wood materials, the rules governing storage facilities for wood materials and roundwood processing facilities, as well as those on the origin and movement of wood materials intended for the owner’s own consumption and certain measures implementing the provisions of Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place wood and wood products on the market approved by Government Decision No. 497/2020 in the form in force until 20.04.2022, in conjunction with the provisions of art. I letter t) of Annex no. 1 to the rules, the volume of wood material exceeding 20 m3 transported in a period of 12 consecutive months by a natural or legal person and not registered in SUMAL 2.0. as a professional transporter, represents wood material without legal origin and consequently the transporter commits the offence referred to in art. 19 para. (2) lit. c) of Law no. 171/2010 as in force from 05.10.2021”.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 12 June 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.