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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 7 December 2020

High Court of Review and Justice

 

PRESS RELEASE

 

In its session of 7 December 2020, the High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established in the case, considered a request for a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:

    

Judgment #75 in case #2568/1/2020

 

Sustains the request for a preliminary ruling from the Court of Appeals Iaşi – Chamber for Labor Conflicts and Social Insurance, in case #1879/89/2019 and returns the following Judgment:

In the interpretation and application of Art. 1 para. (3) in Government Emergency Order #3/2019 on a payment schedule for outstanding salary rights for certain categories of personnel in the judicial system, approved under Law #224/2019, corroborated with Art. 1.531 and Art. 1.535 in the Civil Code, Art. 166 in Law #53/2003 – the Labor Code, as republished with amendments and supplements and Art. 1-3 in Government Order #13/2011 on the legal interest rate and the statutory late payment interest rate for monetary obligations, as well as for regulating financial and taxation measures in the banking domain, approved under Law #43/2012 as supplemented, together with the legal interest rate stipulated by Government Emergency Order #3/2019, is it possible to grant late payment interest rates for outstanding salary rights that come under the scope of the same law for the period prior to the issuance of the orders/decisions to grant salary rights and respectively the difference between the amount of late payment interest rate and that of legal interest rate, for the period subsequent to the issuance of said orders or decisions?

 

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

Returned in public session today, the 7th of December 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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