Press release – Panel for Appeals in the interest of the Law in its session of 16 September 2024

High Court of Cassation and Justice

PRESS RELEASE

In its session of 16 September 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered four appeals in the interest of the law and returned the following Judgments:

 

Decision No. 13 in case No. 1087/1/2024

Sustains the appeal in the interest of the law brought by The Governing Board of the Court of Appeal of Braşov and, accordingly, establishes that:

In interpreting and uniformly applying the provisions of Art. 150 of Law no. 53/2003 – Labor Code, republished, as subsequently amended and supplemented, Art. 7 of Government Decision no. 250/1992 on vacation leave and other leaves of employees of the public administration, autonomous regions having a special specific nature and budgetary units, republished, as subsequently amended, Art. 22 of Government Ordinance no. 6/2007 on some measures regulating the salary and other rights of civil servants until the entry into force of the law on the unitary salary system and other rights of civil servants, as well as the salary increases to be granted to civil servants in 2007, approved with amendments by Law no. 232/2007, with subsequent amendments, art. 23 of Government Ordinance no. 10/2008 on the level of base salaries and other rights of budgetary staff paid according to Government Emergency Ordinance no. 24/2000 on the system for establishing the base salaries for contractual staff in the budgetary sector and staff paid according to Annexes no. II and III to Law no. 154/1998 on the system for establishing basic salaries in the budgetary sector and allowances for persons occupying positions of public dignity, as well as some measures regulating the salary and other rights of contractual staff paid by special laws, approved with amendments by Law no. 177/2008, as amended and supplemented:

The meal allowance covered by Article 18 of the Framework Law no. 153/2017 on the remuneration of staff paid from public funds, as subsequently amended and supplemented, is not included in the base for calculating the vacation leave allowance due to contractual staff paid from public funds and civil servants.

Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.

Delivered in public session today, 16 September 2024.

 

Decision No. 14 in case No. 1174/1/2024

Sustains the appeal in the interest of the law brought by The Governing Board of the Court of Appeal of Constanţa and, accordingly, establishes that:

In interpreting and uniformly applying the provisions of Art. 57 para. (3), corroborated with the provisions of Art. 57 para. (2) of Law no. 85/2014 on insolvency prevention and insolvency proceedings, the prerogative of the majority creditor to appoint the insolvency administrator or liquidator may be exercised no later than the date of the first session of the creditors’ meeting, having as its main agenda the confirmation/appointment of the insolvency administrator/liquidator.

Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.

Delivered in public session today, 16 September 2024.

 

Decision No. 15 in case No. 1130/1/2024

 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.

In interpreting and uniformly applying the provisions of Art.152 alin. (1) lit. a) of the Code of Criminal Procedure with reference to Art. 139 para. (2) of the Code of Criminal Procedure establishes that the crime of embezzlement under Art. 295 para. (1) with the applicability of Article 308 para. (1) of the Criminal Code cannot be included in the category of crimes against property.

Mandatory, according to the provisions of Art. 474 para. (4) of the Code of Criminal Procedure.

Delivered in public session today, 16 September 2024.

Decision No. 16 in case No. 1094/1/2024

 Sustains the appeal in the interest of the law brought by The Governing Board of the Court of Appeal of Braşov and establishes that:

  1. The procedural acts issued before June 25, 2018 (the date of publication in the Official Journal of Romania, Part I, No 518 of June 25, 2018 of the Constitutional Court Decision No 297/2018) have an interrupting effect on the statute of limitations of criminal liability, regardless of the amount of the damage, without the need to assess in concrete terms a systemic risk of impunity, in all cases concerning crimes against the financial interests of the European Union and corruption offenses only if the overall more favourable criminal law, in accordance with the Constitutional Court Decision No. 265 of May 6, 2014 (published in the Official Gazette of Romania, Part I, No 372 of May 20, 2014) is the Criminal Code or special legislation containing criminal provisions in the form in force between February 1, 2014 and June 24, 2018.
  2. Procedural acts for which there is a legal obligation to be delivered to the suspect or defendant after May 30, 2022 (date of publication of Government Emergency Ordinance no. 71/2022) interrupt the course of the statute of limitations of criminal liability only with respect to acts committed starting from May 30, 2022 or with respect to acts committed before that date only if the overall more favorable criminal law, in accordance with the decision of the Constitutional Court no. 265 of May 6, 2014 (published in the Official Journal of Romania, Part I, No 372 of May 20, 2014) is the Criminal Code or special legislation containing criminal provisions in the form effective as of May 30, 2022.

Mandatory, according to the provisions of Art. 474 para. (4) of the Code of Criminal Procedure.

Delivered in public session today, 16 September 2024.

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