High Court of Cassation and Justice
PRESS RELEASE
In its session of 11 March 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 two requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment 10 in Case 3016/1/2023
The Panel denies as inadmissible the request brought by the Tribunal of Ilfov – Civil Chamber, in Case no. 14926/94/2021, for a preliminary ruling for the clarification of the following point of law:
Interpretation and application of the provisions of Article 53 of Law no. 223/2007 on the status of professional air crew in civil aviation in Romania, as subsequently amended and supplemented, in relation to the provisions contained in Government Decision no. 1061/1995 on certain rights and obligations of personnel performing carriage of passengers and cargo by air in international traffic, Government Decision no. 1162/2004 amending the Annex to Government Decision No 518/1995 on certain rights and obligations of Romanian personnel sent abroad to perform temporary missions and Law No 227/2015 on the Fiscal Code, as amended, in order to determine whether the average income earned in the last 3 months of activity as professional civil aviation personnel includes per diem allowance and additional rest leave.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 11 March 2024.
Judgment 11 in Case 2994/1/2023
The Panel denies as inadmissible the request brought by the Tribunal of Galați – Administrative and Tax Litigation Chamber, in Case no. 3717/121/2022, for a preliminary ruling for the clarification of the following point of law:
A child adopted with full effect and who, prior to adoption, established family relations and was cared for by the surviving parent together with the politically persecuted parent who died before the adoption was granted, shall be included in the category of persons entitled to the allowance provided for in Article 5(51) of Decree-Law No 118/1990 on the granting of certain rights to persons persecuted for political reasons by the dictatorship established from 6 March 1945 and to those deported abroad or taken prisoner, republished, as subsequently amended and supplemented?
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 11 March 2024.
After the justification is written and the Judgment signed, it shall be published in the Official Journal of Romania, Part I.