Press release – Panel for the Clarification of Certain Points of Law in Civil Matters in its session of 18 January 2021
High Court of Review and Justice
PRESS RELEASE
In its session of 18 January 2021, 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 #1 in case #2648/1/2020
Denies as inadmissible the request from the Court of Appeals Galaţi – Chamber II for Civil Matters in case #595/196/2017, for a preliminary ruling for the clarification on the following points of law:
„Art. 2539 para. (2) in the Civil Code can be interpreted to mean that:
1. the effect of interruption of extinctive statute of limitations occurs even if the new motion to bring legal action or for arbitration does not include the triple identity (parties, objects and cause) at a difference from the first motion?
2. if the answer to the first question is negative, then in trying the new motion to bring legal action or for arbitration can the court readdress a contentious matter that was disposed of in final version as part of the first trial?”
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 18th of January 2021.
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