High Court of Cassation and Justice
PRESS RELEASE
In its session of 25 September 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 59 in Case 364/1/2023
The Panel sustains the joined requests brought by the Court of Appeal of Bacău – Second Civil Chamber in Case no. 3652/110/2021, for a preliminary ruling and, as a result, establishes that:
In interpreting the provisions of Article 31 para. (12) of Law No 360/2002 on the status of police officers, as amended and supplemented, in relation to Art. 31 para. (1) and Art. 31 para. (11) of the same Act, form prior to amendment by Act No 113/2023 amending and supplementing Article 31 of Act No 360/2002 on the Status of Police Officers, it stipulates that in order to be entitled to the monthly rent allowance for the payment of the instalment or a fraction of the instalment of the mortgage/real estate credit, it is not necessary for the dwelling purchased by the police officer to be located in the locality where the police officer is working, but the dwelling may also be located in another (neighbouring) locality.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 25 September 2023.
Judgment 60 in Case 1499/1/2022
The Panel denies as inadmissible the request brought by the Tribunal of Galaţi – Administrative and Tax Litigation Chamber, in Case no. 5900/233/2021, for a preliminary ruling for the clarification of the following point of law:
Can the court hearing a complaint about an administrative offence order that the content of the administrative offence report be amended so as to impose a lower fine where the fine imposed by the official responsible for the administrative offence exceeds the maximum amount laid down by law?
Where the law on administrative offences confers exclusive jurisdiction over the imposition of the penalty and the amount of the fine on the official responsible for the administrative offence, may the court set a different amount from that indicated in the contested report?
If the court finds that a fine has been imposed in excess of the statutory maximum, may it reduce the fine imposed to an amount prescribed by law, even though the appellant had not requested such a reduction?
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 25 September 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.