The Supreme Court has been invested to decide on the penalty interest owed by the state due to delayed execution of the payment obligations and the time by which they may be required.
The court ruled, as resulted from the minutes of the Decision No. 21 of June 22, 2015 pronounced in file No. 199/1/2015, that:
“In the interpretation and application of art. 1079 paragraph 2 point 3 of the Civil Code of 1864 and art. 1523 paragraph 2 letter d) of the Civil Code related to art. 166 paragraph 1 to 4 of the Labor Code, republished, as further amended and supplemented (art. 161 par. 1 and 4 of the Labor Code in its former shape before republishing) and art. 1088 of the Civil Code of 1864, art. 2 of O.G. No. 9/2000, approved by Law no. 356/2002, with subsequent amendments, art. 2 of O.G. No. 13/2011, approved by Law no. 43/2012, with subsequent amendments and art. 1535 of the Civil Code, the interest penalty owed by the state for the delay execution of the payment obligations can be requested within the 3 years period prior to the introduction of the action. ”
Mandatory, according to art. 521 paragraph 3 of the Code of Civil Procedure.