High Court of Cassation and Justice
PRESS RELEASE
In its session of 22 April 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:
Judgement no. 19 in case no. 193/1/2024
The Panel denies as inadmissible the request brought by the Tribunalul of București – VI Civil Chamber, in Case no. 3393/301/2022, for a preliminary ruling for the clarification of the following point of law:
“To what extent is Article 14 of Law No 132/2017 to be interpreted as meaning that, if the vehicle has been repaired and repair receipts issued by the service facility are submitted, the amount of compensation must be determined on the basis of the value resulting from those receipts or, on the contrary, even in such a situation, the court must and may assess whether the claims based on those receipts are justified or reasonable by reference to the average market price?”.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 22 April 2024.
Judgement no. 20 in case no. 260/1/2024
The Panel denies as inadmissible the request brought by the Court of Appeal of Bacău – Second Civil, Administrative and Tax Litigation Chamber for a preliminary ruling for the clarification of the following point of law:
„In interpreting the provisions of Articles 169, 174 and 180 of Law No 85/2014, having considered the rulings in Decision No 27/2022 of the High Court of Cassation and Justice – Panel for the resolution of appeals in the interest of the law, is it admissible to appeal against the judgment of the court imposing patrimonial liability for the state of insolvency, in the event that the closure of the proceedings becomes final by non-appeal?”.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 22 April 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.