High Court of Cassation and Justice
PRESS RELEASE
In its session of 5 February 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 5 in Case 2834/1/2023
The Panel denies as inadmissible the request brought by the Court of Appeal of Cluj – Labour and Social Security Litigation Chamber, in Case no. 2848/117/2022, for a preliminary ruling for the clarification of the following point of law:
Interpretation of Article 170 para. (1) and (3) of Law No. 263/2010 on the unified public pension system, as subsequently amended and supplemented, in order to clarify how the correction index for recipients of invalidity pensions established under Law No. 263/2010 is determined, i.e. whether on the date of their enrolment for old age pension they are still subject to the correction index established by the decision granting the invalidity pension or whether the correction index in force on the date of their enrolment for old age pension is applied to them.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 5 February 2024.
Judgment 6 in Case 2847/1/2023
The Panel denies as inadmissible the request brought by the Court of Appeal of Suceava – First Civil Chamber, in Case no. 3182/86/2022, for a preliminary ruling for the clarification of the following point of law:
If the provisions of Article 89 para. (1) (a) and para (2) of Law No. 263/2010 on the unified public pension system, as subsequently amended and supplemented, exclude the right of the beneficiary of the survivor’s pension to request recalculation or revision of the deceased’s pension rights in order to change the basis for the calculation of the survivor’s pension, by reference to the provisions of Article 113 para. (1)a) and of Article 107 of the same law
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 5 February 2024.
Judgment 7 in Case 2711/1/2023
The Panel sustains the request brought by the Tribunal of Timiș – First Civil Chamber, in Case no. 25846/325/2020*, for a preliminary ruling, and, as a result, establishes that:
In interpreting the provisions of Article 324 para. (1) and (4) of the Civil Code, the phrase ”until the date of the final judgment of division” represents the maximum moment up to which the judgment which admitted a claim for the allocation of the benefit of the matrimonial home on the dissolution of the marriage has legal effects, without the admissibility of the action being conditional on the existence before the courts of a claim for the exit from the undivided ownership of the same home.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 5 February 2024.
After the justification is written and the Judgment signed, it shall be published in the Official Journal of Romania, Part I.