Press release – Panel for the Clarification of Certain Points of Law in Civil Matters in its session of 20 February 2023

High Court of Cassation and Justice

 PRESS RELEASE

In its session of 20 February 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 11 in Case 2423/1/2022

 The Panel sustains the joined requests brought by the Court of Appeal of Craiova – Labour and Social Security Litigation Chamber, in Case no. 1733/109/2021, for a preliminary ruling and, as a result, establishes that:

In interpreting and applying the provisions of Article 82 para. (2), Art. 86 para. (1) of Law No 303/2004 on the status of judges and prosecutors, republished, as subsequently amended and supplemented, with reference to the provisions of Article 49 para. (1) letter (c) of Law No 263/2010 on the unified public pension system, as amended and supplemented, Art. 1 and Art. 3 para. (3) of Law No 46/1996 on the training of the population for defence, as subsequently amended and supplemented, the period during which, after appointment to the judiciary, the judge or prosecutor has completed the compulsory military service shall constitute seniority in the judiciary.

Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.

Returned in public hearing, today, 20 February 2023.

 

Judgment 12 in Case 2660/1/2022

The Panel denies as inadmissible the request brought by the Court of Appeal of Timişoara – Labour and Social Security Litigation Chamber, in Case no. 5409/30/2021* for a preliminary ruling for the clarification of the following point of law:

In interpreting the provisions of Article 7 of Government Emergency Ordinance No 158/2005 on social health insurance leave and allowances, approved with amendments and additions by Law No 399/2006, as subsequently amended and supplemented, the entitlement to the rights provided for in Article 2 para. (1) letter (c) of Government Emergency Ordinance No 158/2005 – payment of maternity benefits – is conditional on completion of the minimum period of insurance for the grant of those rights – six months completed in the 12 months preceding the month in respect of which the sick leave is granted – on the date of issue of the initial sick leave (date of birth), or are those benefits also granted to the extent that those six months are completed after the date of birth, but within the period of 126 days of sick leave for pregnancy and childbirth and, if so, from what point in time?

Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.

Returned in public hearing, today, 20 February 2023.

 

After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.