High Court of Cassation and Justice
PRESS RELEASE
In its session of 23 October 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 69 in Case 1939/1/2023
The Panel sustains the joined requests brought by the Court of Appeal of Bucharest – VIII Administrative and Tax Litigation Chamber in Case no. 7835/2/2021, for a preliminary ruling and, in the interpretation of Art. 10 para. (1) of Law no. 241/2005 on preventing and combating tax evasion, as subsequently amended and supplemented (as in force on 20 November 2018), in conjunction with Art. 486 para. (2) of the Code of Criminal Procedure, establishes that:
In the hypothesis of the pronouncement of a sentence on the defendant who fully acquits the claims of the civil party, under the terms of Art. 10 para. (1) of Law no. 241/2005, as a result of the admission of a plea agreement under Art. 478 et seq. of the Code of Criminal Procedure, the criminal judgment shall have the authority of res judicata on the extent of the damage before the civil court, the provisions of Art. 486 para. (2) of the Code of Criminal Procedure not being incident.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 20 November 2023.
Judgment 70 in Case 1795/1/2023
The Panel denies as inadmissible the request brought by the Tribunal of Bihor – First Civil Chamber, in Case no. 2694/271/2020, for a preliminary ruling for the clarification of the following point of law:
“The interpretation of the provisions of Article 413 para. (1) point 1, Art. 415 point 3, Art. 416 para. (1) and (3) of the Code of Civil Procedure, for the purpose of clarifying whether in the case of an optional suspension ordered by the court when the outcome of the case depends in whole or in part on the outcome of another case, but which does not concern the same and/or all the parties to the suspended case, after completion of the case until the outcome of which the suspension was ordered, the proceedings in the suspended case are resumed of the court’s own motion and not at the request of the parties, or where no party requests the case to be resumed within six months of the termination of the ground for suspension, the application or an appeal may be declared obsolete, even against a party to the suspended case who is not a party to the case pending the resolution of which the suspension has been ordered.”
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.