High Court of Cassation and Justice
PRESS RELEASE
In its session of 14 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 three requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment 75 in Case 593/1/2022
The Panel sustains the request brought by the Tribunal of Dolj – Administrative and Tax Litigation Chamber in Case no. 7578/63/2021, for a preliminary ruling and in interpreting and applying the provisions of Art. 154 para. (1), (6) and (6)1, Art. 163 para. (5), Art. 164 par. (4) and Article 175 para. (1) of the Code of Civil Procedure, establishes that:
Carrying out the summons procedure, in accordance with the provisions of Article 154 para. (6) of the Code of Civil Procedure, if the party has requested and indicated the appropriate dates for this purpose, constitutes a principal means of service of procedural documents, without being conditional on the procedure being conducted in letter form in accordance with the provisions of Art. 154 para. (1) of the same act.
The act of summoning the party to the proceedings, in a manner other than that invoked by the application to the court, is void under the provisions of Article 175 para. (1) of the Code of Civil Procedure if, by failing to comply with the method of service of the procedural document, the party has suffered damage which can only be remedied by its annulment, without being subject to the use of the procedure of false registration, pursuant to Article 163 para. (5) and Art. 164 para. (4) of the Code of Civil Procedure.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 14 November 2022.
Judgment 76 in Case 1818/1/2022
The Panel denies as inadmissible the request brought by the Tribunal of Bucharest – IV Civil Chamber, in Case no. 21478/299/2020, for a preliminary ruling for the clarification of the following point of law:
“If, in interpreting the provisions of Article 781 para. (5) letter (c) of the Code of Civil Procedure, the notion of sums relating to the payment of future salary entitlements refers to those sums whose purpose is unequivocally established in this way before or at the latest at the time of the establishment of the attachment (for example, by describing the account as being intended for the payment of salary entitlements) or whether this particular purpose can be assessed by the garnishee subsequently on the basis of a request made by the debtor for the release of sums for the payment of salary entitlements.
If, in interpreting the provisions of Article 781 para. (5) letter (c) in conjunction with Art. 784 para. (1) last sentence of the Code of Civil Procedure, after the attachment by the garnishee of sums held in an account of the debtor, the garnishee may, at the request of the debtor, release sums of money requested by the latter for the payment of salary rights.”
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 14 November 2022.
Judgment 77 in Case 1909/1/2022
The Panel denies as inadmissible the request brought by the Court of Appeal of Bacău – I Civil Chamber, in Case no. 3413/110/2019, for a preliminary ruling for the clarification of the following point of law:
“Art. 28 para. (1) letter o) of Law No. 223/2015 on State Military Pensions, as amended and supplemented, be interpreted as excluding from the basis for calculating the military pension the TBC/HIV bonus granted on a permanent basis to the former employee?”.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 14 November 2022.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.