Jurisdiction – according to the new Civil Procedure Code
According to the stipulations of Law no. 304 of 2004 on Judicial Organization, as republished, and of the Civil Procedure Code, the Administrative and Tax Litigation Chamber rules on:
- second appeals filed against decisions by Courts of Appeals, as well as upon other decisions, in cases set by law;
- motions for revision, in cases set by law;
- action for nullification;
- case transfer applications, for the grounds set by the Civil Procedure Code;
- conflicts of jurisdiction, in cases set by law;
- any other motions assigned by law under its jurisdiction.
At the same time, according to the stipulations of Article 21 of Law no. 304 of 2004 on Judicial Organization, as republished, and as subsequently amended by Law no. 76 of 2012 for the Implementation of Law no. 134/2010 on the Civil Procedure Code, published in Official Gazette no. 365 of 30.05.2012, the Administrative and Tax Litigation Chamber of the High Court of Cassation and Justice decides also upon second appeals filed against non-final decisions or other judicial acts, of any nature whatsoever, that cannot be appealed by any other means, and in respect of which the course of trial was interrupted before Courts of Appeals.
Jurisdiction – according to the old Civil Procedure Code
According to Law no. 304 of 2004 on Judicial Organization, as republished, based on its jurisdiction, the Administrative and Tax Litigation Chamber rules on:
- second appeals filed against decisions by Courts of Appeals and on other decisions, in cases set by law;
- case transfer applications, on the grounds set by the Civil Procedure Code;
- conflicts of jurisdiction, in cases set by law;
- any other applications set by law.
In accordance with the stipulations of Article 23 par. (2) of Law no. 304 of 2004 on Judicial Organization, as republished, the Administrative and Tax Litigation Chamber also rules on second appeals filed against non-final decisions or other judicial acts, of any nature whatsoever, that cannot be appealed by any other means, and in respect of which the course of trial was interrupted before Courts of Appeals.