1. Decision no. 21/2022 of the Romanian High Court of Cassation and Justice on the admission of the appeal in the interest of the law declared by the Management College of the Court of Appeal Galati
  • The Ruling Council of the Court of Appeal of Galați has notified the Romanian High Court of Cassation and Justice of the resolution of the appeal in the interest of the law on the following question of law: In interpreting the provisions of Article 454 of the Romanian Code of Civil Procedure, the defendant will be exempt from the costs of the proceedings if the subject-matter of the proceedings is a dispute of the category not susceptible to the proceedings for late payment, that is, a dispute concerning the annulment of an act for which the law provides that the only way to annul is the appeal lodged with the competent court and which can only be filed within a period of revocation (such as the appeal to the decision establishing the pension, the appeal to enforcement, the contravention complaint, etc.) or a dispute in which the judgment cannot be ruled solely on the basis of the recognition of the defendant?
  • Admits the refferal in the interest of the law declared by the Ruling Council of the Court of Appeal of Galati and, accordingly, establishes that in the unitary interpretation and application of the provisions of Article 454 of the Romanian Code of Civil Procedure, the defendant cannot be exempted from the costs of proceedings if the subject-matter of the action is a dispute of the category that is not susceptible to the proceedings for late payment or a dispute in which the judgment cannot be ruled on the basis of recognition of the defendant alone.

 

  1. Decision no. 17/2022 of the High Court of Cassation and Justice on the examination of the appeal in the interest of the law declared by the Romanian Ombudsman
  • The Romanian Ombudsman has notified the Romanian High Court of Cassation and Justice of the resolution of the appeal in the interest of the law regarding the following legal issue: interpretation and application of the provisions of item 3 in conjunction with item 6-8 and item 12 in relation to Annex no. 2 of the order of the Romanian Ministry of Labour and Social Protection, Ministry of Health and National Commission for Labor Protection no. 50/1990 for specifying jobs, activities and professional categories with special conditions that fall into groups I and II of work for retirement, with subsequent additions (order no. 50/1990), And of the provisions of item 1-5 of the order of the Ministry of Labour and Social Protection, the Ministry of Health and the National Commission for Labor Protection no. 125/1990 for specifying jobs, activities and professional categories with special conditions that fall into groups I and II of work for retirement, For the period worked after 1 March 1990 (order no. 125/1990), in the sense of determining whether the activity carried out within the former territorial calculation centers can be classified in the second working group.
  • The issue with which the Romanian High Court of Cassation and Justice was invested by the present refferal in the interest of the law is a matter of fact which involves the administration and assessment of specific evidence and cannot be qualified as a genuine matter of law, the ec has open the prospect of solving it by means of the mechanism of appeal in the interest of the law, thus rejecting the refferal in the interest of the law.