High Court of Cassation and Justice
In its session of 19 June 2023, the High Court of Cassation and Justice- Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in the case, considered a requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:
Judgment 46 in Case 1130/1/2023
The Panel denies as inadmissible the request brought by the Court of Appeal of Bacău – Second Civil Chamber, in Case no. 102/110/2022 for a preliminary ruling for the clarification of the following point of law:
If, in the light of Decision No 23 of 15 November 2021, published in the Official Gazette of Romania, Part I, No 62 of 20 January 2022, the High Court of Cassation and Justice – the Panel for Appeal in the Interest of the Law, Article 38 para. (1) of Government Ordinance No 64/2006 on the salaries and other rights of civil servants with special status in the penitentiary administration system, approved with amendments by Law No. 462/2006, as subsequently amended, be interpreted as meaning that, when determining the financial entitlements due to prison officers for the period during which they are on delegation, secondment, temporary incapacity for work, other paid leave and paid permissions granted under the legal provisions in force, account must be taken of the allowances for difficult, harmful or dangerous working conditions which they received during their period of service, corresponding to the time worked in those places of work?
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 19 June 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.