High Court of Cassation and Justice
PRESS RELEASE
In its session of 22 January 2024, 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 1 in Case 2505/1/2023
The Panel denies as inadmissible the request brought by the Tribunal of Cluj–Civil Chamber, in Case no. 8481/211/20221 for a preliminary ruling for the clarification of the following points of law:
”If in the interpretation and application of Article 32 para. (1) of Law No 50/1991 it is necessary for the competent body to apply one of the complementary sanctions provided for in Article 28 para. (1) of Law No 50/1991, or can the competent authority apply to the court even if the administrative offence report has ordered a measure to ensure compliance with the law within a certain time-limit and the offender has not obtained the necessary authorisation by the end of that time-limit?
If in interpreting and applying the provisions of Article 32 para. (1) letter b) of Law no. 50/1991 and the provisions of Article 59 of Order no. 839/2009 it is mandatory for the body that imposed the sanction to go through the procedure provided for in Article 59 para. (2) of Order No 839/2009 prior to the initiation of legal proceedings, or may the mayor of the administrative-territorial unit proceed directly to initiate legal proceedings for the dismantling of the construction in the event that the administrative offence report imposes the complementary sanction of halting the works and ordering the measure of legality within a certain period of time, and on the expiry of that period the offender has not obtained the building permit?”
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 22 January 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.