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.
High Court of Cassation and Justice
PRESS RELEASE
In its session of 30 May 2023, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, by judgment of 30 May 2023 in Case No 946/1/2023, ordered as follows:
“The material error in the minutes of Decision No 7 of 29 May 2023, delivered in Case No 946/1/2023 is corrected, to the effect that, instead of: “In interpreting and applying the provisions of Article 208 para. (1) in conjunction with Article 229 para. (1) letter (d), final sentence, of the Criminal Code provides that:”, is to be read: “In interpreting and applying the provisions of Article 228 para. (1) in conjunction with Article 229 para. (1) letter (d), final sentence, of the Criminal Code provides that:”
Mandatory under the provisions of Art. 474 para. (4) of the Code of Criminal Procedure.
Delivered in open court today, 30 May 2023.”
High Court of Cassation and Justice
PRESS RELEASE
In its session of 29 May 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. 7 in Case No. 946/1/2023
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 interpreting and applying the provisions of Article 208 para. (1) in conjunction with Article 229 para. (1) letter (d), final sentence, of the Criminal Code establishes that:
The offence of theft committed by using an improvised device which blocks the activation of the central locking system of a motor vehicle door, by jamming the signal of this system, meets the typical conditions of the offence of aggravated theft committed by using a false key provided for in Article 228 para. (1) of the Criminal Code in conjunction with Article 229 para. (1) letter d) final sentence of the same code.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 29 May 2023.
Decision no. 8 in Case No. 947/1/2023
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 301 of Law 302/2004 on international judicial cooperation in criminal matters, the legal basis for the calculation of the limitation period for enforcement in the case of financial penalties representing criminal or administrative fines imposed by the authorities of the Member States of the European Union and recognised by a judgment of the Romanian courts is either the provision of the Criminal Code or the provision of the Code of Fiscal Procedure, depending on the nature of the penalty.
- The date from which the limitation period for enforcement begins to run in the case of financial penalties imposed by the authorities of the Member States of the European Union and recognised by the Romanian authorities by a court decision is the date on which the decision pronounced by the authorities of the Member States imposing the financial penalty becomes final.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 29 May 2023.
Decision no. 9 in Case No. 963/1/2023
Sustains the appeal in the interest of the law brought by the Ombudsman and, accordingly, establishes that:
In the uniform interpretation and application of the provisions of Article IV para. (1) of Law no. 236/2019 amending and supplementing Article 15 of Government Ordinance no. 42/2004 on the organisation of sanitary-veterinary and food safety activities, as well as amending certain regulatory acts, these provisions are applicable in the absence of adoption by the executive branch of the methodological implementing rules provided for in Article V of this law, for the period 16 December 2019-23 July 2020.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 29 May 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 15 May 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 5 in Case No 564/1/2023
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 Timişoara concerning the uniform interpretation and application of the provisions of Article II para. (5) in relation to Art. (1) of Law No 130/2015 supplementing Law No 567/2004 on the status of specialised auxiliary staff of the courts and public prosecutors’ offices and of staff working within the National Institute of Forensic Expertise, in order to determine whether, in order to obtain the benefit of the service pension governed by those legal provisions, it was necessary for specialised auxiliary staff to submit an application during the period in which they were in receipt of a service pension established in accordance with the old provisions of Law No 567/2004.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 15 May 2023.
Decision no. 6 in Case No. 671/1/2023
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 interpretation and uniform application of the provisions of Article 651 para. (1) of the Code of Civil Procedure, where the enforceable title relates to an unincorporated dismemberment, the territorial jurisdiction of the enforcement court may be determined by reference to the secondary place of business of the debtor legal person, i.e. the place of business of that dismemberment.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 15 May 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 24 April 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 3 in Case No 516/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Iaşi and consequently establishes that:
In interpreting and applying Article 9 para. (2) letter (a) and Art. 56 para. (2) of Law No 254/2013 on the enforcement of sentences and measures of deprivation of liberty ordered by judicial bodies in the course of criminal proceedings, and Art. 5 para. (2) and art. 10 para. (1) of Law No. 554/2004 on Administrative Litigation, establishes that it is for the Court of Appeal, through the Administrative Litigation Chamber or the specialized administrative litigation panels, to decide on applications for the annulment of the decision of the Director of the National Administration of Penitentiaries to determine the place of detention for the execution of the sentence or the decision to reject the request for transfer to another penitentiary.
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 4 in Case No 268/1/2023
Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Galaţi and, consequently, establishes that:
In the uniform interpretation and application of the provisions of Article 129 para. (2), Art. 130 para. (2), Art. 131 para. (1), Art. 133 and Art. 136 of the Code of Civil Procedure, the material procedural jurisdiction of the court of judicial review shall be determined:
– in compliance with the specialisation of the first instance (panel/chamber), which will also apply accordingly in the appeal;
– having regard to the subject-matter and nature of the dispute, as determined by the court hearing the case, in the event of the dispute being decided at first instance by a court which does not have specialised structures (chambers/panels).
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.
