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

High Court of Cassation and Justice

 PRESS RELEASE

In its session of 27 November 2023, the High Court of Cassation and Justice- Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in the case, considered a request for a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:

Judgment 78 in Case 1754/1/2023

 

The Panel denies as inadmissible the request brought by the Court of Appeal of Suceava – First Civil Chamber, in Case no. 972/110/2021 for a preliminary ruling for the clarification of the following point of law:

          Interpretation of the provisions of Article 82 para. (1) of Law No 303/2004 in order to clarify whether the phrase “gross monthly employment allowance received” referred to in Art. 82 para. (1) of Law No 303/2004, which includes entitlements granted by final judgments on the recalculation of salary entitlements using the multiplication coefficients referred to in point (a) No. 6 – 13 of Annex No 1 to Government Emergency Ordinance No 27/2006 for D.N.A. and D.I.I.C.O.T. prosecutors, is limited to the level of the monthly allowance for the year 2022, in accordance with the provisions of Article 38 para. (6) of the Framework Law no. 153/2017.

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

Returned in public hearing, today, 11 December 2023.

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