High Court of Cassation and Justice
PRESS RELEASE
In its session of 7 October 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 two requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgement no. 47 in Case no. 1192/1/2024
The Panel denies as inadmissible the requests brought by the Tribunal of Suceava – First Civil Chamber, in affaires no. 2450/203/2022 and no. 1005/203/2022, for a preliminary ruling for the clarification of the following point of law:
„Whether, in the interpretation and application of Article 906 para. (5) of the Code of Civil Procedure:
- the criteria taken into account by the court in determining the late payment penalties ordered by the judgment delivered under the provisions of Article 906 para. (2) of the Code of Civil Procedure may be analysed and taken into account for the reduction of the penalty when challenging the enforcement of any of the judgments issued on the basis of Article 906 para. (4) of the Code of Civil Procedure, regardless of whether or not the debtor has fulfilled the obligation to execute and even if they have not proved the existence of any good reasons justifying the delay in execution;
- the late payment penalties established by any of the judgments delivered under the provisions of Article 906 para. (4) of the Code of Civil Procedure may also be reduced when the debtor partially performs the obligation to execute and proves the existence of serious grounds justifying the partial delay in performance;
- the late payment penalties established by any of the judgments delivered pursuant to Article 906 para. (4) of the Code of Civil Procedure may still be enforced where the creditor himself holds an enforceable title by which he has been personally authorized to discharge, at the debtor’s expense, the obligation to perform the obligation imposed on the debtor.”.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 7 October 2024.
Judgement no. 48 in Case no. 1393/1/2024
The Panel denies as inadmissible the request brought by the Tribunal of Bacău – First Civil Chamber, in affaires no. 5613/270/2019/a1*, for a preliminary ruling for the clarification of the following point of law:
“Whether the court has ruled on the claim for the granting of court fees, but omitted to rule on a category of fees requested and proven by documents submitted in the file (for example, the fees owed to the court expert), the party whose claim was omitted from the judgment may remedy this omission by filing a request for supplementing the claim, under the conditions of Article 444 para. (1) of the Code of Civil Procedure, or by rectification of the judgment provided for in Article 442 para. (1) of the Code of Civil Procedure?”.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 7 October 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.