High Court of Cassation and Justice
PRESS RELEASE
In its session of 15 May 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 35 in Case 513/1/2023
The Panel sustains the request brought by the Court of Appeal of Cluj – III Administrative and Tax Litigation Chamber in Case no. 230/84/2022, for a preliminary ruling and, as a result, establishes that:
In interpreting and applying the provisions of Article 513 para. (1) letter l) of the Administrative Code, in the context of the repeal of Art. 86 para. (3) of Act No. 188/1999, the granting of salary rights related to the period of suspension shall be carried out under the conditions of Article 52 para. (2) of the Labour Code, in relation to the provisions of Article 367 of the Administrative Code.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 15 May 2023.
Judgment 36 in Case 528/1/2023
The Panel sustains the request brought by the Court of Appeal of Oradea – First Civil Chamber, in Case no. 3678/111/2021, for a preliminary ruling on the interpretation and application of the provisions of Article 20 para. (2) and (3) of Government Emergency Ordinance No 59/2000 on the Status of Forestry Staff, approved with amendments and additions by Law No 427/2001, as amended and supplemented by Law No 234/2019, and, accordingly, establishes that:
Forestry workplaces where the activities referred to in Article 20 para. (2) of Government Emergency Ordinance No. 59/2000, are classified ope legis under special conditions.
Forestry staff who have carried out the activities referred to in Art. 20 para. (2) of Government Emergency Ordinance No. 59/2000, prior to the entry into force of Law No. 234/2019, shall benefit from the employment under special conditions and the rights provided for in Article 20 para. (3) of Government Emergency Ordinance No. 59/2000.
Obtaining the benefits provided for in Art. 20 para. (3) of Government Emergency Ordinance No 59/2000 on the date of entitlement to pension rights is not subject to the payment of social insurance contributions, and proof thereof need not be provided in the nominal insurance statement for the period after 1 April 2001.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 15 May 2023.
Judgment 37 in Case 2637/1/2023
The Panel sustains the request brought by the Tribunal of Bucharest – IV Civil Chamber in Case no. 28297/302/2021, for a preliminary ruling and, as a result, establishes that:
It is possible to fix the final amount due to the creditor by way of penalties for a period longer than 3 months, but consisting only of periods of 3 months each.
The Panel denies as inadmissible the request brought by the Tribunal of Bucharest – IV Civil Chamber, in the same case, for a preliminary ruling for the clarification of the following point of law:
In interpreting and applying the provisions of Article 906 para. (4) of the Code of Civil Procedure, can the final amount due by way of penalties be determined if the obligation is extinguished after the court has been seised of the application for determination of the final amount and at least three months have elapsed from the date of notification of the decision imposing the penalties?
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 15 May 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.