Press releases concerning the judgments handed down in appeal of the interest of the law

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.

High Court of Cassation and Justice 

PRESS RELEASE

In its session of 27 November 2023, 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. 22 in Case No. 2394/1/2023 

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 consequently establishes that:

 In the uniform interpretation and application of the provisions of Article 223 para. (1) point (d) of the Code of Criminal Procedure, when the accused is prosecuted for the commission of an offence for which he is being investigated while at liberty (first case) and there is subsequently a reasonable suspicion that he has intentionally committed a new offence (second case) or is preparing to commit a new offence, the measure of preventive detention under Art. 223 para. (1) para. (d) of the Code of Criminal Procedure may be ordered only in the first case.

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

Returned in public session today, 27 November 2023. 

 

Decision No 23 in Case No 2391/1/2023 

Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Alba-Iulia and, accordingly:

In the uniform interpretation and application of the provisions of Article 37 of Law No 448/2006 and the provisions of Annex No 9, point  IV letter A, sub-paragraph 2 of Government Decision No. 153/2018 for the approval of the Framework Regulation on the establishment of workplaces, categories of staff, the concrete size of the bonus for working conditions provided for in Annex No. II to Framework Law No. 153/2017, establishes that the personal assistant does not benefit from the bonus for dangerous or harmful conditions.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 27 November 2023.

 

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 13 November 2023, 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 19 in Case No 2223/1/2023 

Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Galaţi and, accordingly:

In the uniform interpretation and application of the provisions of Articles 35 and 95 of Law No 69/2000, in conjunction with Articles 6, 33 and 35 of Government Ordinance No 26/2000, as well as Article 8 of the Regulation on the organisation of the Register of Associations and Foundations, the Register of Federations and the National Register of Non-profit Legal Entities, approved by Order of the Minister of Justice No 954/2000, establishes that:

The affiliation of new members of a sports foundation constitutes an amendment of the constitutive act or, as the case may be, of the statute, within the meaning of Article 33 of Government Ordinance No 26/2000.

The rights resulting from membership are conditional on the entry in the Register of Federations of the amendment to the statutes consisting in the affiliation of new members.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 13 November 2023.

Decision no. 20 in Case No. 2233/1/2023

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 consequently establishes that:

 In the uniform interpretation and application of the provisions of Article 1 point (b), Art. 4 para. (1) and Art. 5 para. (7) of Decree-Law No 118/1990 on the granting of certain rights to persons persecuted for political reasons by the dictatorship established from 6 March 1945 and to those deported abroad or taken prisoner, republished, as subsequently amended and supplemented, in the case of persons taken prisoner by the Soviet side prior to 23 August 1944 and held in captivity after the end of the armistice, the period of imprisonment for the purposes of determining the basis for calculating compensation under Article 4 para. (1) of the aforementioned Decree-Law does not include the period of imprisonment prior to 23 August 1944.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 13 November 2023.

Decision No 21 in Case No 2296/1/2023 

Sustains the appeal in the interest of the law brought by the Governing Board of the High Court of Cassation and Justice and, consequently, establishes that:

In the uniform interpretation and application of the provisions of Article 1 para. (1) of Government Emergency Ordinance No 94/2000 on the retrocession of immovable property belonging to religious cults in Romania, republished, with subsequent amendments and additions, and Articles 32-34 of Decree-Law No 115/1938 on the unification of provisions concerning land registers, with subsequent amendments, the phrase “immovable property belonging to religious cults” refers exclusively to the assets of the component units of religious cults, and not to the assets of separate establishments entered in the land register as owners of the property.

In the uniform interpretation and application of the provisions of Article 4 para. (2)-(5) of Government Emergency Ordinance No 94/2000 and Articles 32 to 34 of Decree-Law No 115/1938, a structure of a religious cult may prove that it is the former owner of the property for which it is seeking restitution, in the sense that it was a tabular owner of a settlement of its own, on which it conferred an estate of allocation by dividing its single estate, only by means of direct evidence of the legal situation claimed.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 13 November 2023.

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 23 October 2023, 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. 1958/1/2023

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 consequently establishes that:

The provisions of Article 1691 of Law No. 263/2010 on the Unified Public Pension System, as amended and supplemented, do not preclude or prevent the review of pension rights with the application of the provisions of Article 2 para. (1) and Art. 4 para. (1) of Government Emergency Ordinance No 4/2005 on the recalculation of public system pensions from the former state social security system, approved with additions by Law No 78/2005, as subsequently amended and supplemented, in conjunction with the provisions of Article 2 para. (1) and (3) of the Annex to Government Decision No 1550/2004 on the performance of assessment operations for the recalculation of public system pensions established in the former state social insurance system under legislation prior to 1 April 2001, in accordance with the principles of Law No. 19/2000, as subsequently amended and supplemented, in the interpretation given to these texts by Decision No 11 of 25 May 2015 of the High Court of Cassation and Justice – Panel for appeals in the interest of the law, published in the Official Gazette of Romania, Part I, No 522 of 14 July 2015.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 23 October 2023.

Decision No 18 in Case No 1025/1/2023

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

In the uniform interpretation and application of the provisions of Article 21 para. (1), (2) and (5) of Law No. 132/2017 on compulsory motor third party liability insurance for damage caused to third parties by accidents involving vehicles and trams, as subsequently amended and supplemented, in the event of failure to comply with the 30-day period provided for in Art. 21 para. (1) and (2) of the same act, the penalties of 0.2% per day of delay shall be due from the expiry of the 30 days within which the insurer had to respond to the claim of the requesting party.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 23 October 2023.

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 18 September 2023, 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. 15 in Case No. 1459/1/2023

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.

In the uniform interpretation and application of the provisions of Article 452 para. (1) letter h) of Law no. 227/2015 on the Tax Code, establishes that, following the removal from the substance of the active legislation of the provisions of Art. 270 para. (3) of Law no. 86/2006 on the Customs Code, during the period from 5 May to 16 June 2022, the possession outside the tax warehouse and/or the sale on the territory of Romania of more than 10,000 cigarettes subject to marking, without being marked, improperly marked or with false markings, originating from smuggling, acts prior to the entry into force of Government Emergency Ordinance no. 85/2022, constitutes the offence provided for in Art. 452 para. (1) letter h) of Law no. 227/2015 on the Tax Code.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 18 September 2023.

Decision No 16 in Case No 1577/1/2023 

Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Cluj.

In interpreting and applying the provisions of Article 31 para. (1) of Government Ordinance No 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law No 180/2002, as subsequently amended and supplemented, establishes that:

In the event of a complaint of a contravention, the legal provisions referred to above do not exclude the application of the provisions of Article 204 para. (1) of the Code of Civil Procedure.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 18 September 2023.

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 June 2023, 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 14 in Case No 1305/1/2023 

Sustains the appeal in the interest of the law brought by the Governing Board of the High Court of Cassation and Justice and, consequently, establishes that:

In the uniform interpretation and application of the provisions of Article 178(1) letter (c) of Law No 95/2006 on health care reform, republished, as subsequently amended and supplemented, respectively Art. 180 para. (1) letter b) of the same act, in the form in force until 31 August 2015 – the date of the republication of the law, the position of manager of a public hospital natural person/head of department of a public hospital is incompatible with that of director of a company among those provided for by the Companies Act no. 31/1990, republished, as amended and supplemented.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 26 June 2023.

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 June 2023, 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 10 in Case No 1023/1/2023 

Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Cluj and, accordingly:

In the uniform interpretation and application of the provisions of Articles 142 and 144 of the Code of Civil Procedure in conjunction with Article 59 of Law No. 304/2022 on the organisation of the judiciary, it establishes that:

The application for transfer, within the jurisdiction of the court of appeal, of a trial at the appeal or recourse stage shall be decided in the composition prescribed by law for the respective procedural stage.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 19 June 2023.

Decision No 11 in Case No 1026/1/2023 

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

In interpreting and applying the provisions of Art. 53 para. (1) and par. (11) of Law 101/2016 on remedies and appeals in the award of public procurement contracts, sectoral contracts and works and service concession contracts, as well as for the organisation and functioning of the National Council for the Settlement of Disputes and Art. V para. (3) of Law no. 208/2022 amending and supplementing Law no. 98/2016 on public procurement, Law no. 99/2016 on sectoral procurement, Law no. 100/2016 on works concessions and service concessions, and Law no. 101/2016 on remedies and appeals in the award of public procurement contracts, sectoral contracts and works and service concession contracts, as well as for the organisation and functioning of the National Council for the Settlement of Disputes, the material jurisdiction to settle disputes concerning the execution of public procurement contracts registered with the courts after the entry into force of the amendments made to Law no. 101/2016 by Law no. 208/2022, i.e. after 10.09.2022, belongs to the administrative and tax litigation chamber of the court.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 19 June 2023.

Decision No 12 in Case No 426/1/2023 

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

In the uniform interpretation and application of the provisions of Article 31 para. (12) of Law No. 360/2002 on the Status of Police Officers, as amended and supplemented, introduced by Article I of Law No. 288/2018 amending and supplementing certain normative acts, the right to monthly rent compensation for the payment of credit instalments cannot be recognized for police officers who have concluded mortgage / real estate credit contracts prior to the entry into force of Law No. 288/2018.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 19 June 2023.

Decision no. 13 in Case No. 2233/1/2023

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 consequently establishes that:

Application of the provisions of Article 41 para. (3) of the Criminal Code on international recidivism, in the case of a final conviction ordered by a foreign court, can only be made after going through the procedure for recognition of the foreign conviction, exclusively incidentally, provided for in Article 147 of Law No 302/2004, republished, and not on the basis of existing entries in the European Criminal Records System (communication through ECRIS).

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 19 June 2023.

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

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