High Court of Cassation and Justice
PRESS RELEASE
In its session of 29 January 2024, 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 three requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment 2 in Case 2627/1/2023
The Panel denies as inadmissible the request brought by the Tribunal of Alba – First Civil Chamber, for the clarification of the following point of law:
How to interpret the provisions of Article 652 para. (1) of the Code of Civil Procedure and Article 781 of the Code of Civil Procedure, respectively, as regards the nature of the obligation of the debtor, the Ministry of Public Finance, contained in enforceable orders represented by judgments concerning the award of salary rights to judicial staff, namely whether the obligation to allocate the funds necessary for payment constitutes an obligation to give or an obligation to do.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 29 January 2024.
Judgment 3 in Case 2628/1/2023
The Panel sustains the request brought by the Court of Appeal of Ploiești – First Civil Chamber, in Case no. 2834/120/2022, for a preliminary ruling, and, as a result, establishes that:
In interpreting and applying the provisions of Article 25 para. (1) and Article 6(b) of Framework Law No 153/2017 on the remuneration of staff paid from public funds, as subsequently modifief and amended, the principle of non-discrimination cannot be invoked for the granting of the allowances provided for in Articles 4 and 5 of Chapter VIII Annex No V of Framework Law No 153/2017 at the maximum level, if this would exceed the 30% ceiling provided for in Article 25 of the same act.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 29 January 2024.
Judgment 4 in Case 2712/1/2023
The Panel denies as inadmissible the request brought by the Tribunal of Mureș –Civil Chamber, for a preliminary ruling for the clarification of the following point of law:
If the provisions of Article 39 para. (1) letter a) of the Government Emergency Ordinance no.114/2018 according to which:
(1) The payment of the amounts provided for by court judgments concerning the granting of rights of a salary nature established in favour of the staff of public institutions and authorities, which have become enforceable in the period from 1 January 2019 to 31 December 2021, shall be made as follows:
(a) 5% of the amount of the enforceable order shall be paid in the first year following the date on which the judgment becomes enforceable;” shall be interpreted as meaning that the phrase “in the first year following the date on which the judgment becomes enforceable” means that the payment of the amounts shall be made within one year of the date on which the judgment becomes enforceable or that the payment of the amounts shall be made by the end of the year following the year in which the judgment becomes enforceable.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 29 January 2024.
After the justification is written and the Judgment signed, it shall be published in the Official Journal of Romania, Part I.