High Court of Cassation and Justice
PRESS RELEASE
In its session of 30 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 73 in Case 1861/1/2023
The Panel denies as inadmissible the request brought by the Tribunal of Arad – III Administrative and Tax Litigation Chamber, in Case no. 4899/118/2021 for a preliminary ruling for the clarification of the following point of law:
“The injured person, other than the offender, who has been ordered to demolish the building by the infringement report, may be assimilated to the injured person to whom the confiscated goods belong within the meaning of Article 31 para. (2), second sentence, of Government Ordinance No 2/2001 on the legal regime of contraventions, by analogy with Article 1 para. (2) of the Civil Code?”
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 30 October 2023.
Judgment 72 in Case 1711/1/2023
The Panel denies as inadmissible the request brought by the Tribunal of Covasna – Civil Chamber, in Case no. 937/322/2022 for a preliminary ruling for the clarification of the following point of law:
In the application and interpretation of Government Decision No 1102/2014 on the conditions for making available on the market of pyrotechnic articles, which transposes into national law the Directive No 2013/29/EU of the Council of the European Union and of the European Parliament of 12 June 2013 on the harmonisation of the laws of the Member States relating to the placing on the market of pyrotechnic articles, namely the principles of priority of national law, legal certainty, legality and immediate application of the new law, are the provisions of Article 34 para. (2) points (b), (c), (d) and (g) of Law No 126/1995 on the regime of explosive materials, republished, or the provisions of Annex No 1 to Government Decision No 1102/2014 applicable in relation to the safety distances for pyrotechnic articles?
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 30 October 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.