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 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:

  1. 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.
  2. 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.

High Court of Cassation and Justice 

PRESS RELEASE

 

In its session of 13 March 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 1 in Case No 9/1/2023 

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

In the uniform interpretation and application of the provisions of Article 253 para. (1) letter (c) of the Civil Code and Article 94 point (1) letters (h) and (k) and Article 95 point (1) of the Code of Civil Procedure, the tribunal shall have jurisdiction to rule on the substance of cases involving applications for a declaration of the unlawful nature of an act adversely affecting non-pecuniary rights based on the provisions of Article 253 para. (1) letter (c) of the Civil Code, where they are brought simultaneously with claims based on Article 253 para. (4) of the Civil Code to award compensation for non-pecuniary damage not exceeding 200,000 lei inclusive.

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

Delivered in public session today, 13 March 2023.

Decision No 2 in Case No 2648/1/2022 

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 interpreting and applying the provisions of Article 562 para. (1) of Law no. 263/2010 on the unified public pension system, amended and supplemented by Law no. 197/2021, the legal provisions referred to recognise ope legis a reduction of the standard retirement age by 13 years for persons who have completed a contribution period of 25 years, corresponding to at least 30 years of activity in the jobs referred to in Art. 30 para. (1) letter (i) of Law No. 263/2010 on the Unified Public Pension System, as amended and supplemented by Law No. 197/2021, regardless of the conditions under which the activity was performed by the employer/former employer under the previous legislation and regardless of the type of social insurance contribution due by the employer/former employer.

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

Delivered in public session today, 13 March 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 12 December 2022, 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 27 in Case No 2180/1/2022 

Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Iaşi and in the uniform interpretation and application of the provisions of Article 174 of Law No 85/2014 on insolvency prevention and insolvency proceedings, as amended and supplemented, Article 173 para. (2), as well as art. 180 of the same law, establishes that:

Insolvency proceedings may not be closed prior to the resolution by a final judgment of the action for the incurrence of liability for insolvency brought pursuant to Article 169 of Law No. 85/2014.

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

Delivered in public session today, 12 December 2022.

 

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 14 November 2022, 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. 23 in Case No. 1059/1/2022

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 38 para. (1) letter c) and Art. 40 para. (1) of the Code of Criminal Procedure, the jurisdiction of the court in criminal cases involving offences committed by judges and prosecutors who have acquired a higher professional rank than that of the court/prosecutor’s office in which they actually work is determined by reference to the court/prosecutor’s office in which the magistrate under investigation actually works and not to his/her higher professional rank.

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

Delivered in public session today, 14 November 2022.

Decision No 24 in Case No 1847/1/2022 

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

In the uniform interpretation and application of the provisions of Article 1 para. (1) of Government Decision No 1.086/2004 on the determination of specific allowances and entitlements to daily subsistence allowance, accommodation and food due to personnel participating in missions outside the territory of the Romanian State, not published in the Official Journal of Romania, the purpose of the daily subsistence allowance is to compensate for the inconvenience resulting from the risks to which personnel participating in missions outside the territory of the Romanian State in areas of operations are subject.

Dismisses the remainder of the request as inadmissible.

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

Delivered in public session today, 14 November 2022. 

 

Decision No 25 in Case No 1925/1/2022 

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 Cluj concerning the following matter of law:

The uniform interpretation and application of the provisions of Art. 226 and Art. 228 of Law no. 71/2011 for the implementation of Law no. 287/2009 on the Civil Code, as subsequently amended and supplemented, in relation to the provisions of Art. 95 para. 2 of the Code of Civil Procedure, concerning the determination of the substantive procedural jurisdiction of the specialised tribunals (Argeș, Cluj, Mureș) or of the specialised chambers/panels of the other tribunals in the settlement of appeals against decisions of the courts rejecting applications for a declaration of enforceability, where the enforceable title is issued by a professional in the context of the operation of a business.

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

Delivered in public session today, 14 November 2022.

Decision No 26 in Case No 1938/1/2022 

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:

The provisions of Article 7 para. (5) of the Government Emergency Ordinance No 43/2020 for the approval of support measures paid from European funds, following the spread of the COVID-19 coronavirus, during the state of emergency, approved with amendments and additions by Law No 82/2020, with subsequent amendments and additions, as amended by Law No. 166/2021 amending and supplementing Article 7 of Government Emergency Ordinance No 43/2020 approving certain support measures paid from European funds as a result of the spread of the COVID-19 coronavirus during the state of emergency are not applicable to claims pending before the courts on the date of entry into force of Law No 166/2021.

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

Delivered in public session today, 14 November 2022.

 

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

High Court of Review and Justice

PRESS RELEASE

In its session of 17 October 2022, the High Court of Review and Justice – Panel for Appeals in the interest of the Law, lawfully established in each of the cases, considered three requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:

  

Judgment #20 in Case #1605/1/2022

The Panel sustains the appeal in the interest of the law brought by Prosecutor General of the Prosecutors’ Office attached to the High Court of Review and Justice.

Based on a consistent interpretation and application of the stipulations of Art. 7 para. (l) of Law no.76/2008 on the Organization and Operation of the National Judicial Genetic Data System, as amended, it establishes that:

The harvesting of biological samples from persons who were received a final conviction, or in whose respect a postponement or a waiver of the service of the sentence was ordered for having perpetrated offences provided in the Appendix to Law #76/2008, is optional, not mandatory, and courts have the discretion to decide whether genetic prints should be inserted or not in the National Judicial Genetic Data System.

Obligatory, as under Art.  517 para. (4) in the Civil Procedure Code.

Returned in public session today, the 17th of October 2022.

Judgment #21 in Case #1525/1/2022

The Panel sustains the appeal in the interest of the law brought by the Collegiate Management Body of the Galaţi Court of Appeals and establishes that:

Based on a consistent interpretation and application of the stipulations of Art. 454 of the Civil Procedure Code, a respondent cannot be exonerated from paying court fees in a case the subject matter of which consists of a litigation falling under the category of those that are not subject to the formal notice proceeding or of a litigation in which a judgment cannot be rendered only based on the admission of facts by the respondent.

Obligatory, as under Art.  517 para. (4) in the Civil Procedure Code.

Returned in public session today, the 17th of October 2022.

Judgment #22 in Case #1544/1/2022

The Panel denies as inadmissible the request for an appeal in the interest of the law brought by the Collegiate Management Body of the Cluj Court of Appeals concerning the following law matter:

„The interpretation of the stipulations of Art. 165 para. (2) of Law #263/2010 on the Uniform Public Pension System, as subsequently amended and supplemented, in order to establish whether, in calculating the pension rights, one should consider all salary income effectively collected prior to the date of 1 April 2001, in respect of which social insurance contributions were paid, independently from the permanent or non-permanent nature of such income and from whether it was or not part of the pension calculation basis under the legislation in effect prior to the date of 1 April 2001.”

Obligatory, as under Art.  517 para. (4) in the Civil Procedure Code.

Returned in public session today, the 17th of October 2022.

 

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

OFFICE FOR PUBLIC INFORMATION AND RELATIONS

High Court of Review and Justice

 PRESS RELEASE

In its session of 3 October 2022, the High Court of Review and Justice – Panel for Appeals in the interest of the Law, lawfully established in each of the cases, considered four requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:

  Judgment #16 in Case #1368/1/2022

The Panel sustains the appeal in the interest of the law brought by The Collegiate Management Body of the Alba Iulia Court of Appeals and establishes that:

The stipulations of Art. 52 para. 4 of Law #80/1995 on the Status of Military Staff, as subsequently amended and supplemented, introduced by Law #101/2019, do not apply to persons specified by Art. 36 para. 1 items e) and h) of Law #80/1995 who were included in the corps of officers prior to the coming into effect of Law #101/2019.

Obligatory, as under Art.  517 para. (4) in the Civil Procedure Code.

Returned in public session today, the 3rd of October 2022.

Judgment #17 in Case #1393/1/2022

The Panel denies as inadmissible the request for an appeal in the interest of the law brought by the Ombudsman on the following point of law:

The interpretation and application of the stipulations of point 3, corroborated with points 6-8 and point 12, by reference to Appendix #2 of Order #50/1990 of the Ministry of Labor and Social Protection, the Ministry of Health and the National Work Protection Commission Specifying Workplaces, Activities and Professional Categories Included under Special Working Conditions Falling under the 1st and 2nd Work Groups for Retirement Purposes, as subsequently amended, and the stipulations of points 1-5 of Order #125/1990 of the Ministry of Labor and Social Protection, the Ministry of Health and the National Work Protection Commission Specifying Workplaces, Activities and Professional Categories Included under Special Working Conditions Falling under the 1st and 2nd Work Groups for Retirement Purposes for the period worked after 1 March 1990, by establishing whether the work performed in former territorial computing centers can be included in the 2nd work group.

 Obligatory, as under Art.  517 para. (4) in the Civil Procedure Code.

Returned in public session today, the 3rd of October 2022.

Judgment #18 in Case #1423/1/2022

The Panel sustains the appeal in the interest of the law brought by The Collegiate Management Body of the Braşov Court of Appeals and establishes that:

In applying Art. 14 para. (2) of Government Order #2/2001 on the Legal Status of Misdemeanors, as subsequently amended and supplemented, in disputes concerning administrative complaints, the court may rely on and invoke, sua sponte, the limitation of enforcement of the administrative sanction.

Obligatory, as under Art.  517 para. (4) in the Civil Procedure Code.

Returned in public session today, the 3rd of October 2022.

  Judgment #19 in Case #1276/1/2022

The Panel sustains the appeal in the interest of the law brought by The Collegiate Management Body of the Cluj Court of Appeals and establishes that:

Based on a consistent interpretation and application of the stipulations of Art. 262 para. (4), by reference to the stipulations of Art. 75 of Law #85/2014 on Insolvency Prevention and Insolvency Proceedings, as subsequently amended and supplemented, avenues of appeal lodged by a debtor that is an insurance/reinsurance company, against which a bankruptcy proceeding was initiated, against court judgments having adjudicated actions of its creditor/creditors for the collection of receivables against the debtor’s estate filed with the court before the initiation of such proceeding are not suspended by operation of law.

Obligatory, as under Art.  517 para. (4) in the Civil Procedure Code.

Returned in public session today, the 3rd of October 2022.

 

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

OFFICE FOR PUBLIC INFORMATION AND RELATIONS

High Court of Review and Justice

 PRESS RELEASE

In its session of 19 September 2022, the High Court of Review and Justice – Panel for Appeals in the interest of the Law, lawfully established in the case, considered a request for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:

 

Judgment #15 in Case #1134/1/2022

The Panel sustains the appeal in the interest of the law brought by the Collegiate Management Body of the Galaţi Court of Appeals and establishes that:

Under a consistent interpretation and application of the stipulations of Art. 52 para. (2) of Law #53/2003 – the Labor Code, as republished and subsequently amended and supplemented, based on the Constitutional Court Decision #405 of 15 June 2016, published in Part I of Official Journal of Romania #517 of 8 July 2016, in case of an employee in whose respect the employer issued, under Art. 52 para. (l) item b) first intent of Law #53/2003 – the Labor Code, a decision suspending his/her individual employment agreement as a result of effects of Constitutional Court’s Decision #279 of 23 April 2015, published in Part I of Official Journal of Romania #431 of 17 June 2015, in a situation where the legal relationship governed by the stipulations of the law found to be unconstitutional was not permanently consolidated, the employee has a right of claim consisting of a compensation equivalent to the remuneration due to him/her all along the suspension term under the norms and principles of civil contractual liability.

Obligatory, as under Art.  517 para. (4) in the Civil Procedure Code.

Returned in public session today, the 19th of September 2022.

 

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

OFFICE FOR PUBLIC INFORMATION AND RELATIONS

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