High Court of Cassation and Justice
PRESS RELEASE
In its session of 21 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 ten requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgement no. 50 in Case no. 552/1/2024
The Panel sustains the request brought by the Tribunal of Buzău – Second Civil, Administrative and Tax Litigation Chamber, in case no. 779/200/2022 and, as a result, establishes that:
In the interpretation and application of Article 628 para. (4) of the Code of Civil Procedure, the court of enforcement shall determine interest, penalties or other amounts that are due by operation of law to the creditor, in accordance with Article 1.535 of the Civil Code or other special legal provisions, also in the event that the creditor claims late payment penalties stipulated in the contract.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 21 October 2024.
Judgement no. 51 in Case no. 1607/1/2024
The Panel sustains the request brought by the Court of Appeal of Braşov – Civil Chamber, in case no. 1734/62/2023, for a preliminary ruling, and consequently, establishes that:
In the interpretation and application of Article 58, c) of Law no. 263/2010 on the unified public pension system, as subsequently amended and supplemented, the calculation of the full contribution period required to be completed by insured persons with a medium disability also includes the assimilated periods provided for in Art. 49 para. (1) lit. b) and c) of Law no. 263/2010 or the additional period of seniority in employment, granted for periods completed in group I or group II of employment, on the basis of the legislation prior to April 1, 2001, referred to in Art. 17 para. (1) of Law no. 263/2010.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 21 October 2024.
Judgement no. 52 in Case no. 1628/1/2024
The Panel sustains the request brought by the Tribunal of Bucharest – Second Administrative and Tax Litigation Chamber, in case no. 9389/3/2024, for a preliminary ruling, and consequently, establishes that:
For staff who have reached the level of the pay grid in 2022, the bonus for harmful working conditions set out in the point a) of the sole article of Annex no. 1 of the Framework Regulation on the establishment of workplaces, categories of staff, the concrete size of the bonus for working conditions, as well as the conditions for granting it for the occupational family of budgetary functions “Administration” of the central public administration, approved by Government Decision no. 917/2017, is subject to the ceiling regulated by Article II of Government Emergency Ordinance no. 115/2023 on some fiscal-budgetary measures in the field of public spending, for fiscal consolidation, combating tax evasion, amending and supplementing certain normative acts, as well as for the extension of certain terms, with subsequent amendments and additions, to the extent that the staff occupies the same position and performs its work under the same conditions.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 21 October 2024.
Judgement no. 53 in Case no. 1630/1/2024
The Panel sustains the request brought by the Court of Appeal of Alba Iulia – First Civil Chamber, in case no. 698/107/2023, for a preliminary ruling, and consequently, establishes that:
In the interpretation and application of Article 82 para. (3) in relation to the provisions of Articles 86 and 104 para. (1) of Law no. 303/2004 on the status of judges and public prosecutors, republished, as subsequently amended and supplemented, the period during which a police officer, with a degree in legal sciences, has performed specialized legal duties may be taken into account for the purposes of granting the service pension established in Article 82 para. (3), if the analysis of the fulfilment of these duties proves that the requirements of Article 44 para. (1) of Law no. 92/1992 on Judicial Organization, republished, with subsequent amendments.
The Panel denies as inadmissible the request concerning the clarification of the second question of law, respectively „Is there any impediment arising from the provisions of Article 51 para. (3) of Law no. 303/2004 and Article 192 para. (1) of Law no. 263/2010, that the periods during which a person who has held specialized legal functions (police officer) and which have been valorised by the award of a State military pension, may subsequently obtain the award of a service pension (magistrate), under the conditions of Article 82 para. (3) of Law no. 303/2004?”
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 21 October 2024.
Judgement no. 54 in Case no. 1641/1/2024
The Panel denies as inadmissible the request brought by the Tribunal of Bucharest – The VIIIth Labor and social security litigation Chamber, în case no. 4955/3/2024, for a preliminary ruling for the clarification of the following point of law:
The conditions for awarding the salary increase provided by the Order of the Minister of Internal Affairs no. 35/2019 on the conditions for establishing the salary increase for additional work performed by staff with special status, as well as special activities of an operational or unforeseen nature, by reference to the provisions of Articles 5, 6 of this normative act, in the situation where the additional work actually performed exceeds the budget funds allocated for this purpose.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 21 October 2024.
Judgement no. 55 in Case no. 1644/1/2024
The Panel denies as inadmissible the requests brought by the Tribunal of Bucharest – The VIIIth Labor and social security litigation Chamber, in cases nos. 3496/3/2024 and 3623/3/2024, for a preliminary ruling for the clarification of the point of law concerning on the granting of bonuses for 2021, in accordance with Article 125 para. (1) b) of the Collective Employment Agreement no. 81/175/768 of November 9, 2018 and the granting of holiday vouchers for 2021, in accordance with Art. (2) e) of the same agreement.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 21 October 2024.
Judgement no. 56 in Case no. 1857/1/2024
The Panel denies as inadmissible the requests brought by the Tribunal of Giurgiu – Civil Chamber, in case no. 321/122/2024 and by the Court of Appeal of Cluj – Third Administrative and Tax Litigation Chamber in case no. 2619/117/2023, for a preliminary ruling for the clarification of the point of law concerning recalculation of the allowances for paid rest leave by including in the base of the calculation of the food allowance received by the applicants as civil servants.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 21 October 2024.
Judgement no. 57 in Case no. 68/1/2024
The Panel sustains the request brought by the Court of Appeal of Oradea – Administrative and Tax Litigation Chamber, in Case no. 2.705/111/2022, for a preliminary ruling, and consequently, establishes that:
In the interpretation of the provisions of Article 266 para. (41) of Law no. 207/2015 on the Code of Fiscal Procedure, in conjunction with the provisions of Art. 23 para. (3) and (4) of the Code of Fiscal Procedure, in the particular hypothesis of the incidence of the provisions of Article 181 of Law no. 85/2014 on insolvency prevention and insolvency proceedings, in the form in force prior to the amendment made by Law no. 216/2022, in the event of the cancellation of tax liabilities owed by the individual debtor in the course of business activities on a self-employed basis, following the debtor’s removal from the register in which it was registered, the incidence of Article 181 of Law no. 85/2014 prevents the individual from taking over the liabilities.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 21 October 2024.
Judgement no. 58 in Case no. 1317/1/2024
The Panel denies as inadmissible the requests brought by the Tribunal of Neamţ – First Civil and Administrative Litigation Chamber, in case no. 5367/291/2023, for a preliminary ruling, and consequently, establishes that:
In the interpretation of Art. 1.108 para. (2), Art. 43 para. (3), Art. 41 para. (3) and art. 144 of the Civil Code, the expressed acceptance of the inheritance by a minor who lacks the legal capacity to exercise his or her rights is an act of disposition and requires the consent of the tutelary court.
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 21 October 2024.
Judgement no. 59 in Case no. 1569/1/2024
The Panel denies as inadmissible the requests brought by the Tribunal of Ialomiţa – Civil Chamber, in case no. 325/98/2024, for a preliminary ruling for the clarification of the following point of law:
The provisions of Art. (2) of Government Ordinance no. 26/2000 on associations and foundations, approved with amendments and additions by Law no. 246/2005, as subsequently amended and supplemented, according to which the subsidiary is governed by its own board of directors, shall be interpreted as meaning that the board of directors of the subsidiary must be distinct (in terms of its composition) from the board of directors of the foundation which set up the respective subsidiary?
Mandatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public hearing, today, 21 October 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.