High Court of Cassation and Justice
PRESS RELEASE
In its session of 20 November 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 four requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment 74 in Case 1379/1/2023
The Panel sustains the request brought by the Court of Appeal of Constanţa – Administrative and Tax Litigation Chamber in Case no. 4899/118/2021, for a preliminary ruling and, as a result, establishes that:
In interpreting and applying the provisions of Art. 1 para. (6) of the Administrative Litigation Act No 554/2004, as amended, the public authority issuing a unilateral administrative act of a regulatory nature may not apply to the court for its annulment.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 20 November 2023.
Judgment 75 in Case 1864/1/2023
The Panel denies as inadmissible the joined requests brought by the Tribunal of Harghita – Civil Chamber, in cases No 215/96/2023, No 174/96/2023, No 547/96/2023, No 176/96/2023, No 548/96/2023, No 108/96/2023 and No 1.388/96/2022, for a preliminary ruling on the question of law relating to the provisions of Article 13 para. (8) of Decree-Law No 118/1990 on the granting of certain rights to persons persecuted for political reasons by the dictatorship established from 6 March 1945 and to those deported abroad or taken prisoner, republished, as subsequently amended and supplemented.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 20 November 2023.
Judgment 76 in Case 1919/1/2022
The Panel denies as inadmissible the request brought by the Tribunal of Constanţa – Administrative and Tax Litigation Chamber, in Case no. 575/118/2023 for a preliminary ruling for the clarification of the following point of law:
Is Article 5 of Government Ordinance No 105/1999 on the granting of certain rights to persons persecuted by the regimes established in Romania from 6 September 1940 to 6 March 1945 on ethnic grounds, republished, as subsequently amended and supplemented, to be interpreted as meaning that the rights governed by that article will also be granted from 1 January 2024, or does the extension of the period of entitlement relate only to payment of the compensation governed by Article 31 of Government Ordinance No 105/1999?
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 20 November 2023.
Judgment 77 in Case 1977/1/2023
The Panel sustains the request brought by the Court of Appeal of Bucharest – IX Administrative and Tax Litigation Chamber in Case no. 15.134/3/2021, for a preliminary ruling and, as a result, establishes that:
In interpreting and applying the provisions of Article 13 para. (2) point (a) of Law No. 295/2004 on the regime of arms and ammunition, republished, as amended and supplemented, the term “military” shall be understood to include the notion of “professional soldiers and military graduates” of Law No. 384/2006 on the status of professional soldiers and military graduates, as amended and supplemented.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 20 November 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.