High Court of Review and Justice

 

PRESS RELEASE

 

In its session of 12 April 2021, The High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Civil Matters, lawfully established, considered requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:

 

Judgment #22 in Case #164/1/2021

 

Sustains the request brought by the Court of Appeals Bucharest – Chamber III for Civil matters and Juvenile and Family matters in Case #22239/3/2017, for a preliminary ruling and returns this Judgment:

In the interpretation of Art. 43 in Law #165/2013 on Steps to Complete the process of Restitution, in Kind or Equivalent, of Buildings Abusively Appropriated by the Communist Regime in Romania, as amended and supplemented, the capacity of a person entitled to file claims as under this Law, for land that was subject to the real estate laws as applicable on the date of enactment of Law #165/2013, is to be established based on the stipulations in those laws.

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

Returned in public session today, the 12^th of April 2021.

 

Judgment #23 in Case #82/1/2021

 

Denies as inadmissible the request brought by the Court of Appeals Braşov – Chamber for Civil matters in Case #1240/119/2019, for a preliminary ruling for the clarification of the following point of law:

Are the stipulations of Art. 1 para. (2) in Government Emergency Order #8/2009 on the issuance of vacation vouchers, as enacted with amendments and supplements under Law #94/2014, as amended and supplemented – the version in force in the period 1 July 2017 – 30 November 2018, to be interpreted in the meaning that in the period 1 July 2017 – 30 November 2018 public institutions and authorities covered by this piece of regulation shall issue, insofar as a budget is available for amounts with such destination, only a vacation stipend or vacation bonus, as the case may be, in the form of vouchers worth exactly 1450 RON for each employee, or can they issue a vacation stipend or vacation bonus in the form of vouchers worth less than 1450 RON for each employee if the amounts available in the budget for this destination are not sufficient for the granting of such rights in the exact amount of 1450 RON for each employee.

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

Returned in public session today, the 12th of April 2021.

 

Judgment #24 in Case #88/1/2021

 

Denies as inadmissible the request brought by the Court of Appeals Bacău – Chamber I for Civil matters in Case #1174/103/2019, for a preliminary ruling for the clarification of the following point of law:

Should Art. 39 para. (1) in Law #307/2006 on Defense Against Fires, as republished with amendments and supplements be interpreted in the sense that putting the personnel employed by volunteer emergency services in the bracket for special working conditions is to be done in compliance with the procedure stipulated by Government Decision #1.025/2003 on the Methodology and Criteria to Employ Persons in Special Conditions Positions, as amended and supplemented, or in compliance with Government Decision #1.294/2001 Establishing Low, Moderate and High Risk Positions and Activities Specific to the Active Military, as amended and supplemented, and Order by the Minister of the Interior #283/2002 on Employment of the ministry of the Interior Personnel in Low, Moderate and High Risk Positions?

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

Returned in public session today, the 12th of April 2021.

 

 Judgment #25 in Case #179/1/2021

 

Denies as inadmissible the request brought by the Tribunal Olt – Chamber I for Civil matters in Case #256/311/2020*, for a preliminary ruling for the clarification of the following point of law:

“1. In the interpretation and application of the stipulations of Art. 670 para. (1) and (6) in the Civil Procedure Code, considering also the RIL Judgment #8/2016 and Judgment #15/2016 returned by the Panel for the Clarification of Certain Points of Law, does the Bailiff’s Office have defendant legal standing in the challenge of enforcement which demands reversal of the order to pay advance on the expenditures needed to continue the foreclosure procedure, with applicability of Art. 78 para. (1) in the Civil Procedure Code or Art. 78 para. (2) in the Civil Procedure Code concerning the ex officio introduction of other parties in the trial;

2. As a result of the answer to the first question, we request an interpretation of whether the appellate court can raise ex officio a grounds of unlawfulness of the judgment returned by the court of first instance because of the absence of the Bailiff’s Office defendant legal standing and participation, in case they were not a defendant in the appeal, but the challenge to enforcement was denied for lack of legal standing of the debtor on grounds that the standing went to the Office of the Bailiff with the consequence of applicability of Art. 480 para. (3) in the Civil Procedure Code, with the appellant filing a motion for retrial.”

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

Returned in public session today, the 12th of April 2021.

 

 Judgment #26 in Case #288/1/2021

 

Denies as inadmissible the request brought by the Court of Appeals Oradea – Chamber I for Civil matters, in Case #3427/111/2016, for a preliminary ruling for the clarification of the following point of law:

How are courts to apply and interpret the stipulations of Art. 325 in the Law of National Education #1/2011, as amended and supplemented, in establishing whether they also apply in the case of serious conduct violations in scientific research and university activity committed prior to the enactment of that Law?

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

Returned in public session today, the 12th of April 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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