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Press release - Panel for the Clarification of Certain Points of Law in Civil Matters - 2020

Press release – Panel for the Clarification of Certain Points of Law in Civil Matters in its session of 14 September 2020

High Court of Review and Justice

 

PRESS RELEASE

 

In its session of 14 September 2020, the High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in each of the cases, considered two requests for preliminary ruling for the clarification of certain points of law, and returned the following Judgments:

 

Judgment #53 in case #1283/1/2020

            Denies as inadmissible the request from Court of Appeals Braşov – Civil Chamber, in case # 7128/197/2018, on the following point of law:

“1. What is the calculation start of the time frame for the statute of limitations for the material right to legal action for tort liability in the case of illicit acts with a continuous character?

2. Do allegedly illicit acts have a continuous character when they concern conditions of detention during the service of a prison sentence?”

            Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.

            Returned in public session today, the 14th of September 2020.

 

Judgment #54 in case #1228/1/2020

 

Sustains the request from the High Court of Review and Justice – Chamber I Civil Matters, in case # 21840/3/2016, for a preliminary ruling and consequently rules that:

The interpretation and application of Art. XVIII para. (2) second thesis in Law # 2/2013 on certain measures to alleviate the workload in courts of law and to make preparations for the implementation of Law #134/2010 of the Civil Procedure Code, as amended and supplemented, is that appeal on law is not possible in the case of judgments returned (...) in motions requesting compensation for losses caused by judicial errors, as well as judgments returned in motions formulated on the basis of Art. 538 in the Criminal Procedure Code.

Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.

Returned in public session today, the 14th of September 2020.

 

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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