High Court of Cassation and Justice
PRESS RELEASE
In its session of 20 May 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered two appeals in the interest of the law and returned the following Judgments:
Decision No 8 in case No 471/1/2024
Sustains the appeal in the interest of the law brought by the Ombudsman and, accordingly, establishes that:
In the interpretation and uniform application of the provisions of Article 75 para. (1) and Art. 278 para. (1) of the Labour Code, the period of notice begins to run from the day following communication of the notice and ends on the last day of the period, the provisions of Art. 181 para. (1) point 2 and para. (2) of the Code of Civil Procedure, as well as those of Art. 2.553 para. (1) of the Civil Code are not applicable.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 20 May 2024.
Decision No 9 in case No 679/1/2024
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Galaţi and, consequently:
In interpreting and uniformly applying the provisions of Art. 113 para. (2) point a) of the Government Emergency Ordinance No 99/2006 on credit institutions and capital adequacy, approved with amendments and additions by Law No 227/2007, as amended, establishes that:
The heirs of the deceased account holder have the right to obtain the provision by banking institutions of information protected by banking secrecy for the period prior to death only to the extent that it justifies the purpose for which they require it.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 20 May 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.