Press release – Panel for the Clarification of Certain Points of Law in Civil Matters in its session of 8 February 2021
High Court of Review and Justice
PRESS RELEASE
In its session of 8 February 2021, 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 four requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Judgment #5 in case #2970/1/2020
Denies as inadmissible the request from the Court of Appeals Bacău – Chamber I for Civil Matters, in case # 2317/110/2019, for a preliminary ruling for the clarification on the following points of law:
Should Art. 60 para. (1) in Law #223/2015 on Military State Pension, as amended and supplemented, be interpreted and applied in the meaning that the phrase “net pension” used in its text refers to the net amount of the service pension as resulting exclusively from the application of Art. 28, Art. 29 para. (1) letter a) and b), Art. 30 and Art. 108 in the same Law, or does it refer to the net amount of the service pension as resulting from the application of both the above-mentioned stipulations and, additionally, of Art. 11 para. (3) in Law #80/1995 on the Status of Military Personnel as amended and supplemented?
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 8th of February 2021.
Judgment #6 in case #2984/1/2020
Denies as inadmissible the request from the Court of Appeals Galaţi – Chamber II for Civil Matters, in case # 1605/233/2018, for a preliminary ruling for the clarification on the following points of law: In the interpretation of the stipulations in Art. 460 in the Civil Procedure Code, what is the avenue of appeal and the deadline for the exercise thereof in the situation where one Judgment is returned for several primary motions at the same time, some of which are subject to appeal only while others are subject to both appeal and appeal on law?
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 8th of February 2021.
Judgment #7 in case #3061/1/2020
Sustains the request from the Court of Appeals Iaşi – Chamber for Labor Conflicts and Social Insurance, in case # 175/89/2020, for a preliminary ruling and consequently establishes that:
In the interpretation and application of Art. 38 para. (41) in Framework Law #153/2017 on Salaries for Personnel Paid from Public Funds, as amended and supplemented and of Art. 34 para. (2) in Government Emergency Order #114/2018 to put in place Measures in the Domain of Public Investment and the Tax&Budget Domain, Amending and Supplementing Certain Regulatory Acts and Prorogating Certain Deadlines, as amended and supplemented, the salary rights regulated under Art. 5, as well as Art. 8 in Appendix I – Occupational family of budget-funded positions “Education” Chapter I letter B in Framework Law #153/2017 do come under the applicability of Art. 38 para. (41) in that Law.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 8th of February 2021.
Judgment #8 in case #3118/1/2020
Sustains the request from the Court of Appeals Iaşi – Chamber for Administrative and Tax Litigations, in case # 2424/89/2018*, for a preliminary ruling and consequently establishes that:
In the interpretation and application of Art. 39 para. (4) corroborated with Art. 39 para. (1) in Framework Law #153/2017 on Salaries for Personnel Paid from Public Funds, as amended and supplemented, the category “appointed/employed personnel” that is described at Art. 39 para. (4) corroborated with Art. 39 para. (1) in Framework Law #153/2017 does include personnel that was re-hired based on Art. 36 in in Framework Law # 153/2017.
Obligatory, as under Art. 521 para. (3) in the Civil Procedure Code.
Returned in public session today, the 8th of February 2021.
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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