High Court of Cassation and Justice
PRESS RELEASE
In its session of 25 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 no. 13 in Case no. 20/1/2024
The Panel denies as inadmissible the request brought by the Court of Appeal of Constanţa – Second Civil, Insolvency and Corporate and Professional Litigation Chamber, in Case no. 9306/212/2021 for a preliminary ruling for the clarification of the following point of law:
’’In the interpretation of Art. 483 para. (2) of the Code of Civil Procedure, is the claim for freezing (stabilisation) of the exchange rate at its value at the date of the conclusion of contracts between professionals and consumers, based on the provisions of Article 970 of the Civil Code of 1864 and Constitutional Court Decision No 623 of 25 October 2016, published in the Official Journal of Romania, Part I, No 53 of 18 January 2017, covered by consumer protection claims and is it or is it not subject to recourse?’’
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 25 March 2024.
Judgment no. 14 in Case no. 121/1/2024
The Panel denies as inadmissible the request brought by the Tribunal of Bucharest, Fifth Civil Chamber, in Case no. 25360/302/2019 for a preliminary ruling for the clarification of the following point of law:
’’The interpretation of Art. 697 para. (2), second sentence, of the Code of Civil Procedure, respectively whether the time limit for the stay of enforcement runs from the date of the creditor’s application for a suspension of enforcement or from the date of the bailiff’s written request that the creditor perform an act or step necessary for enforcement, prior to the suspension request of the enforcement.’’
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 25 March 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.