High Court of Cassation and Justice
PRESS RELEASE
In its session of 21 October 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in the Case, considered one appeal in the interest of the law and returned the following Judgments:
Decision No. 19 in case No. 1598/1/2024
Sustains the appeal in the interest of the law brought by The Governing Board of the Court of Appeal of Pitești and, accordingly, establishes that:
In the uniform interpretation and application of Article 21 para. (6) in relation to Art. (1) and (3) of Law no. 165/2013 regarding the completion of the process of restitution, in kind or by equivalent, of real estate wrongfully taken over during the communist regime in Romania, as amended and supplemented, the notarial grid applicable, in the event that the court establishes both the existence of the right to reparation measures and the number of points to be awarded to the entitled person, is the in effect in the year prior to the delivery of the judgment.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session 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.
High Court of Cassation and Justice
PRESS RELEASE
In its session of 7 October 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered two appeals in the interest of the law and returned the following Judgments:
Decision No. 17 in case No. 1300/1/2024
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 applying the provisions of Article 587 para. (3) of the Code of Criminal Procedure, it establishes that the court that has jurisdiction to rule on the complaint filed against the judgment rendered by a district court concerning parole is the hierarchical superior court of the district court that has rendered the contested judgment, within the district of which the place of detention was located at the time the parole request was filed.
Mandatory, according to the provisions of Art. 474 para. (4) of the Code of Criminal Procedure.
Delivered in public session today, 7 October 2024.
Decision No. 18 in case No. 1340/1/2024
Sustains the appeal in the interest of the law brought by The Governing Board of the Court of Appeal of Suceava and, accordingly, establishes that:
In interpreting and applying the provisions of Art. 103 para. (1) d) of the Government Emergency Ordinance no. 195/2002 regarding the traffic on public roads, republished, with subsequent amendments and additions, in the form in force until 29.06.2024 (the date on which the Government Emergency Ordinance no. 84/2024 for the amendment and completion of some normative acts in order to increase road safety entered into force), the term “bodily injury” refers to traumatic injuries or damage to a person’s health, the seriousness of which is assessed by at least one day of medical care.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session 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.
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:
- 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.
- 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.
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.
High Court of Cassation and Justice
PRESS RELEASE
In its session of 20 May 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered two appeals in the interest of the law and returned the following Judgments:
Decision No 8 in case No 471/1/2024
Sustains the appeal in the interest of the law brought by the Ombudsman and, accordingly, establishes that:
In the interpretation and uniform application of the provisions of Article 75 para. (1) and Art. 278 para. (1) of the Labour Code, the period of notice begins to run from the day following communication of the notice and ends on the last day of the period, the provisions of Art. 181 para. (1) point 2 and para. (2) of the Code of Civil Procedure, as well as those of Art. 2.553 para. (1) of the Civil Code are not applicable.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 20 May 2024.
Decision No 9 in case No 679/1/2024
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Galaţi and, consequently:
In interpreting and uniformly applying the provisions of Art. 113 para. (2) point a) of the Government Emergency Ordinance No 99/2006 on credit institutions and capital adequacy, approved with amendments and additions by Law No 227/2007, as amended, establishes that:
The heirs of the deceased account holder have the right to obtain the provision by banking institutions of information protected by banking secrecy for the period prior to death only to the extent that it justifies the purpose for which they require it.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 20 May 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.
High Court of Cassation and Justice
PRESS RELEASE
In its session of 22 April 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered two appeals in the interest of the law and returned the following Judgments:
Decision No 6 in case No 378/1/2024
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Alba Iulia and Justice and consequently establishes that:
Actions brought by trade unions and associations (as interested social bodies), representing employees/civil servants in the mayor’s department (members of trade unions), mayors and deputy mayors of cities and municipalities (members of associations), for compensation for damages caused by the implementation of the provisions of Article I, point 13, of Government Emergency Ordinance No 1/2020 on certain fiscal-budgetary measures and for the amendment and completion of certain regulatory acts, as subsequently amended and supplemented, Art. I para. (2) of Government Emergency Ordinance No 226/2020 on certain fiscal-budgetary measures and for the amendment and completion of certain regulatory acts and the extension of certain deadlines, as amended, Art. I para. (2) of Government Emergency Ordinance No. 130/2021 on some fiscal-budgetary measures, extension of some deadlines and for the amendment and completion of some normative acts, with subsequent amendments and additions, Article I para. (4) of Government Emergency Ordinance No 168/2022 on certain fiscal-budgetary measures, extension of certain deadlines, as well as for the amendment and completion of certain regulatory acts, with subsequent amendments and additions, based in law on the provisions of Article 9 of the Administrative Litigation Act No 554/2004, with subsequent amendments and additions, are assessable in money and shall be borne by each claimant individually with the judicial stamp duty provided for in Article 16 letter b) of Government Emergency Ordinance No 80/2013 on judicial stamp duty, with subsequent amendments and additions.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 22 April 2024.
Decision No 7 in case No 390/1/2024
Sustains the appeal in the interest of the law brought by the Public Prosecutor of the Public Prosecutor’s Office attached to the High Court of Cassation and Justice and, accordingly, establishes that:
In the uniform interpretation and application of the provisions of Articles 5 and 20 of Law No 514/2003 on the organisation and exercise of the profession of legal counsellor, as subsequently amended and supplemented, the specific activity of legal representation may be carried out by legal counsellors, in their capacity as civil servants or employees with an individual employment contract, irrespective of their registration in the professional register of legal counsellors maintained by the Romanian Colleges of Legal Counsellors.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 22 April 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.
High Court of Cassation and Justice
PRESS RELEASE
In its session of 25 March 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in the Case, considered an appeal in the interest of the law and returned the following Judgment:
Decision No. 5 in Case No. 117/1/2024
Denies as inadmissible the request for an appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Braşov, concerning the following matter of law:
’’If the provisions of Art. (2) point (b) of Decree-Law No 118/1990 on the granting of certain rights to persons persecuted for political reasons by the dictatorship established as from 6 March 1945 and to those deported abroad or taken prisoner, republished, as subsequently amended and supplemented, also cover persons enlisted in the Hungarian army who were taken prisoner by the Soviet side after 23 August 1944 or, having been taken prisoner before that date, were held in captivity after 23 August 1944?’’
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Returned in public session today, 25 March 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.
High Court of Cassation and Justice
PRESS RELEASE
In its session of 11 March 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered two appeals in the interest of the law and returned the following Judgments:
Decision no. 3 in Case No. 2641/1/2023
Sustains the appeal in the interest of the law brought by the Public Prosecutor of the Public Prosecutor’s Office next to the High Court of Cassation and Justice.
In the uniform interpretation and application of Article 38 para. (6) of Framework Law No 153/2017 on the remuneration of staff paid from public funds, as amended, and the provisions of Art. 82 para. (1) of the Law no. 303/2004 on the status of judges and prosecutors, republished, as amended, establishes that:
’’The rights granted by final judgments representing differences resulting from the use of the multiplication coefficients provided for in point. A no. 6-13 of the Annex to Government Emergency Ordinance No 27/2006 on the salaries and other rights of judges, prosecutors and other categories of staff in the justice system, approved with amendments and additions by Law No. 45/2007, with subsequent amendments and additions, for prosecutors of the National Anticorruption Directorate and the Directorate for the Investigation of Organised Crime and Terrorism, are in the legal nature of compensation and are therefore not included in the amount of the magistrates’ employment allowances and cannot be taken into account in determining the basis for calculating the service pension.
The amount of such compensation is subject to the ceiling laid down in Article 38 para. (6) of the Framework Law No 153/2017 if the exceeding of this limit is caused by the use of the mentioned multiplication coefficients.’’
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 11 March 2024.
Decision no. 4 in Case No. 2393/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Alba Iulia.
In the interpretation and uniform application of Article 38 para. (6) of the Framework Law no. 153/2017 on the salaries of staff paid from public funds, as amended, establishes that:
’’The rights granted to judges and prosecutors, by final court decisions, representing differences resulting from the use of the multiplication coefficients provided for in no. 6 to 13 of point. A of the Annex to Government Emergency Ordinance No 27/2006 on the salaries and other rights of judges, prosecutors and other categories of staff in the justice system, approved with amendments and additions by Law No 45/2007, with subsequent amendments and additions, for prosecutors of the National Anticorruption Directorate and those of the Directorate for the Investigation of Organised Crime and Terrorism, have the legal nature of compensation.
The amount of such compensation is subject to the ceiling laid down in Article 38 para. (6) of the Framework Law No 153/2017, if its excess is determined by the use of the mentioned multiplication coefficients.
The employment allowances to which reference is made are those contained in Annex No V, Chapter I of the Framework Law No 153/2017 and which correspond to the function, professional grade, seniority and grade of each judge or prosecutor.’’
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 11 March 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.
High Court of Cassation and Justice
PRESS RELEASE
In its session of 26 February 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in the Case, considered an appeal in the interest of the law and returned the following Judgment:
Decision No 2 in Case No 2975/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Cluj and, accordingly, establishes that:
In interpreting and applying the provisions of Article 115 paragraph (1) of Law no. 85/2014, in conjunction with the provisions of Article 32 and 33 of Government Emergency Ordinance no. 80/2013, in relation to the provisions of Article 197, Article 470 paragraphs (2) and (3) and Article 486 paragraphs (2) and (3) of the Code of Civil Procedure, in the case of claims and appeals lodged or declared by the debtor prior to the opening of insolvency proceedings, subject to judicial stamp duty, according to the law, the appropriation of the claim or appeal by the insolvency practitioner appointed in the proceedings subsequently opened does not entail exemption from the payment of judicial stamp duty.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 26 February 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.
High Court of Cassation and Justice
PRESS RELEASE
In its session of 19 February 2024, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in the Case, considered an appeal in the interest of the law and returned the following Judgment:
Decision No 1 in Case No 2948/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Galați and, accordingly, establishes that:
In interpreting and applying the provisions of Article 34 of Local Police Act No 155/2010, republished, as amended, in conjunction with Article 11 of Framework Law No 153/2017 on the remuneration of staff paid from public funds, as amended, the salary entitlements of local police staff should not be set at the same level as the salary entitlements of the staff of the mayor’s office.
Mandatory, according to the provisions of Article 517 paragraph (4) of the Code of Civil Procedure.
Delivered in public session today, 19 February 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.
