High Court of Cassation and Justice
PRESS RELEASE
In its session of 17 June 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered three appeals in the interest of the law and returned the following Judgments:
Decision No. 10 in case No. 905/1/2024
Sustains the appeal in the interest of the law brought by the General Prosecutor of the Public Prosecutor’s Office of the High Court of Cassation and Justice and, accordingly, establishes that:
In interpreting and uniformly applying the provisions of Article 616 para. (1) of the Code of Civil Procedure, it establishes that entities covered by Government Ordinance no. 26/2000 on associations and foundations, approved with amendments and additions by Law No. 246/2005, as amended and subsequently supplemented, may include in their statutes, as a goal and/or objective, the organization of activities specific to institutionalized arbitration only if they are authorized by the legislator to exercise institutionalized arbitration.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 17 June 2024.
Decision No. 11 in case No. 970/1/2024
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Cluj.
In interpreting and uniformly applying the provisions of Art. I, paragraphs. (1)-(3) of the Government Emergency Ordinance No. 226/2020 on some fiscal-budgetary measures and for amending and supplementing some normative acts and extending some deadlines, with the subsequent amendments, Art. I, paragraphs. (1) and (2) of the Government Emergency Ordinance No. 130/2021 on some fiscal-budgetary measures, the postponement of some deadlines, and for the amendment and supplementation of some normative acts, with subsequent amendments and additions, and Art. I of the Emergency Government Ordinance no. 168/2022 on some fiscal-budgetary measures, the postponement of some deadlines, as well as for the amendment and completion of some normative acts, with subsequent amendments and additions, resulting in the capping of salaries and allowances provided for by the Framework Law No. 153/2017 on the salaries of staff paid out of public funds, with subsequent amendments and additions, establishes that:
These legal provisions are also applicable to public servants and contractual staff of the own apparatus of county councils, town halls and local councils, of institutions and public services of local and county interest subordinated to them, even if the provisions of Article 38 of the Framework Law No. 153/2017 do not change the system for determining the basic salaries of the occupational family „Administration” contained in Article 11 of the same framework law.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 17 June 2024.
Decision No. 12 in case No. 975/1/2024
Sustains the appeal in the interest of the law brought by the Governing Board of the High Court of Cassation and Justice and, accordingly, establishes that:
In interpreting and uniformly applying the provisions of Article 6 para. (1) of the Emergency Government Ordinance No. 94/2000 of Government Emergency Ordinance No 94/2000 on the restitution of immovable property belonging to religious cults in Romania, republished, with subsequent amendments and additions, only the applicants for restitution whose immovable property, covered by the Emergency Ordinance, was legally alienated after December 22, 1989 may opt for compensation measures in equivalent under Article 5 para. (5) of the above-mentioned normative act.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 17 June 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.