Press release – Panel for the Clarification of Certain Points of Law in Civil Matters in its session of 13 May 2024

High Court of Cassation and Justice

PRESS RELEASE

 

In its session of 13 May 2024, the High Court of Cassation and Justice- Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in the case, considered a request for a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:

 

Judgment no. 21 in Case no. 422/1/2024

 The Panel sustains the request brought by the Tribunal of Mureş – Administrative and Tax Litigation Chamber, in Case no. 3.195/102/2023, for a preliminary ruling, and, as a result, establishes that:

 

„1. In the interpretation of art. 5 para. (6) of Decree-Law no. 118/1990 on the granting of certain rights to individuals persecuted for political reasons by the dictatorship established as of 6 March 1945 and to those deported abroad or taken prisoner, republished, as subsequently amended and updated, the recognition of certain rights specific to a child who was a minor on the date on which one or both parents were displaced to another location and to a child born during the period of displacement, has the effect of putting an end to the previous practice of recognizing entitlement to the same allowance under art. 1 para. (1) letter e) of this act, after the date of implementation of that provision.

2. In the interpretation of art. 5 para. (7) of Decree-Law No 118/1990 on the granting of certain rights to individuals persecuted for political reasons by the dictatorship established as of 6 March 1945, as well as to those deported abroad or taken prisoner, republished, with subsequent amendments and updates, establishes that the children of the individuals referred to in art. 5 para. (6) of said legislative act may not benefit from these provisions.”.

Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.

 

Returned in public hearing, today, 13 May 2024.

 

After the justification is written and the Judgment signed, it shall be published in the Official Journal of Romania, Part I.