Press release – Panel for the Clarification of Certain Points of Law in Civil Matters in its session of 27 March 2023

High Court of Cassation and Justice

 PRESS RELEASE

In its session of 27 March 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 six requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:

Judgment 21 in Case 109/1/2023

The Panel denies as inadmissible the request brought by the Court of Appeal of Piteşti – First Civil Chamber, in Case no. 9116/109/2021 for a preliminary ruling for the clarification of the following point of law:

Interpretation of Art. 85 para. (2) of Law No 303/2004 on the status of judges and prosecutors, republished, as subsequently amended and supplemented, with reference to Art. 14 para. (1) of Framework Law No 153/2017 on the salaries of staff paid from public funds, as subsequently amended and supplemented, concerning the method of updating the service pension of a judge who holds the scientific title of Doctor of Law, namely whether to take into account the percentage of 15% from the time of retirement or the fixed amount established by Framework Law No 153/2017.

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

Returned in public hearing, today, 27 March 2023.

Judgment 22 in Case 122/1/2023

The Panel denies as inadmissible the request brought by the Court of Appeal of Bacău– First Civil Chamber, in Case no. 1289/321/2020 for a preliminary ruling for the clarification of the following point of law:

“Is Article 196 of the Code of Civil Procedure to be interpreted as meaning that the request to comply with the obligation to pay the stamp duty is an unequivocal expression of the party’s intention to continue with the legal proceedings and not to discontinue them, with the consequence that the request for referral to the court cannot be declared null?”.

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

Returned in public hearing, today, 27 March 2023.

Judgment 23 in Case 128/1/2023

 The Panel sustains the request brought by the Court of Appeal of Bucharest – Seventh Chamber for labour and social security disputes, in Case no. 32435/3/2021, for a preliminary ruling and, as a result, establishes that:

In interpreting and applying the provisions of Article 47 para. (1) and (2) of Law no. 53/2003 – Labour Code, republished, as subsequently amended and supplemented, in relation to the provisions of Art. 1 para. (1), (3) and (4) of Framework Law No. 153/2017 on the remuneration of staff paid from public funds, as subsequently amended and supplemented, an employee seconded from an employer whose salary rights are determined by negotiation may not be paid by the transferee employer, institution or public authority, rights that exceed the maximum level provided for by Framework Law No. 153/2017.

In interpreting and applying the provisions of Article 256 para. (1) of the Labour Code, in relation to Art. 47 para. (2) of the same Act, with reference to the provisions of Art. 1 para. (1), (3) and (4) of Framework Law No 153/2017, the employee who has received from the transferee employer salary rights exceeding the maximum level provided for by Framework Law No 153/2017 for the post to which he was seconded is not obliged to return them.

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

Returned in public hearing, today, 27 March 2023.

Judgment 24 in Case 161/1/2023

 The Panel denies as inadmissible the request brought by the Court of Appeal of Cluj – IV Chamber for labour and social security disputes, in Case no. 1357/117/2022, for a preliminary ruling for the clarification of the following point of law:

How to interpret and apply the provisions of Art. 82 para. (1) of Law No 303/2004 on the status of judges and prosecutors, republished, as amended and supplemented, and the provisions of Article 7 para. (1), (2) and (3) of the Methodological Norms for the application of the provisions of Law no. 303/2004 on the status of judges and prosecutors, republished, and Law no. 47/1992 on the organisation and functioning of the Constitutional Court, republished, concerning service pensions and the granting of child-raising allowances for children up to 2 years of age, approved by Government Decision no. 1.275/2005, relating to service pensions, in order to determine whether the rights granted by irrevocable court judgments on DNA-DIICOT differences,  respectively the coefficients laid down by letter A, points 6 to 13 of the Annex to Government Emergency Ordinance No 27/2006 on the salaries and other rights of judges, prosecutors and other categories of staff in the justice system, approved with amendments and additions by Law No 45/2007, as subsequently amended and supplemented, are covered by the term “compensation received” and must be taken into account when determining the judges’ service pension.

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

Returned in public hearing, today, 27 March 2023.

Judgment 25 in Case 210/1/2023

 The Panel sustains the request brought by the Court of Appeal of Suceava – First Civil Chamber, in Case no. 345/40/2022, for a preliminary ruling and, as a result, establishes that:

In interpreting and applying the provisions of Article 82 para. (1), by reference to Art. 79 para. (1) lit. c) and Art. 65 para. (1) of Law No 263/2010 on the unified public pension system, as subsequently amended and supplemented, the existence of a right of option between invalidity pension and partial early retirement pension at the date of fulfilment of the conditions laid down by law for the latter category of pension is not excluded.

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

Returned in public hearing, today, 27 March 2023.

Judgment 26 in Case 207/1/2023

 The Panel denies as inadmissible the request brought by the Tribunal of Alba – First Civil Chamber, in Case no. 6277/176/2020, for a preliminary ruling for the clarification of the following point of law:

How to interpret the provisions of Art. 27 para. (23) of the Land Law No 18/1991, republished, as subsequently amended and supplemented.

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

Returned in public hearing, today, 27 March 2023.

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