High Court of Cassation and Justice
PRESS RELEASE
In its session of 3 June 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 three requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgement no. 27 in Case no. 682/1/2024
The Panel denies as inadmissible the request brought by the Court of Appeal of Cluj –The 3rd Administrative and Tax Litigation Chamber, in Case no. 3086/100/2022, for a preliminary ruling for the clarification of the following point of law:
If the provisions contained in Art I para. (1) to (3) of Government Emergency Ordinance No 226/2020 on certain fiscal-budgetary measures and for amending and supplementing certain legislative acts and extending certain time limits, as subsequently amended, in Article I para. (1) and (2) of Government Emergency Ordinance No. 130/2021 on certain fiscal-budgetary measures, the extension of certain deadlines and the amendment and completion of certain legislative acts, as amended and supplemented also in Article I of Government Emergency Ordinance No 168/2022 on certain fiscal-budgetary measures, the extension of certain deadlines, as well as the amendment and completion of certain regulatory acts, as subsequently amended and supplemented, partially derogates from the transitional application mechanism of Framework Law No 153/2017 on the remuneration of employees paid from public funds, as subsequently amended and supplemented, governed by Article 38 of this Framework Law, in that it does not alter the system governing the determination of basic salaries in the ‘Administration’ occupational family contained in Article 11 of Framework Law No 153/2017.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 3 June 2024.
Judgement no. 28 in Case no. 757/1/2024
Sustains the request brought by the Court of Appeal of Craiova – Labour and Social Security Litigation Chamber, in Case no. 2755/95/2022, for a preliminary ruling for the clarification of the following point of law:
In interpreting the provisions of Article 30 para. (44) of Law No. 263/2010 on the Unified Public Pension System, as subsequently amended and supplemented, the assimilation of the period prior to 1 April 2001, during which employees carried out activities among those referred to in Art. 30 para. (l) letter (i) of the same law, in jobs classified in the second group of work, to a period of contribution under special working conditions, also has effects in terms of increasing the monthly scores by 50%, according to Article 100 letter b) of Law No. 263/2010, and not only with regard to the determination of the period of contribution, according to Article 56 para. (1) letter d) and to the reduction of the retirement age, according to Art. 562 para. (1) letter d) of Law No. 263/2010.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 3 June 2024.
Judgement no. 29 in Case no. 536/1/2021
Denies as inadmissible the request brought by Tudorache Cătălin George for clarification of the operative part of Decision No 31 of 17 May 2021 of the High Court of Cassation and Justice – The Panel for Preliminary Ruling on Questions of Law, published in the Official Journal of Romania, Part I, no. 734 of 27 July 2021.
Returned in public hearing, today, 3 June 2024.