- Decision no. 50/2022 on the examination of the complaint lodged by the Court of Appeal Oradea – Administrative and tax litigation Section in the file no. 2,670/111/CA/2021-R
- The Romanian Court of Appeal of Oradea Administrative and Fiscal litigation Department, by concluding on 13 May 2022, given in the case no. 2,670/111/CA/2021-R, ordered the referral to the Romanian High Court of Cassation and Justice the Panel for the absolution of some questions of law, pursuant to Art. 519 of the Romanian Code of Civil Procedure, In order to give a preliminary decision giving a solution of principle on the following question of law: What is the starting point of the course of the 3-month period provided by art. I paragraph (1) of Government Emergency Ordinance no. 92/2020 for the establishment of active support measures for employees and employers in the context of the epidemiological situation caused by the spread of SARS-CoV-2 coronavirus, as well as for the amendment of some normative acts?
- The Romanian referring court has expressed its view that the 3-month period referred to in art. I paragraph (1) of Government Emergency Ordinance no. 92/2020 represents a clearly defined, continuous period, which starts to run on 1 June 2020 and includes the months of June, July and August 2020, for the following arguments: (I) the interpretation of the said provisions is supported by the reasons that led to the adoption of the normative act; (II) one of the reasons for the adoption of Government Emergency Ordinance no. 92/2020 is represented by the termination, on 31 May 2020, The applicability of the measures adopted during the state of emergency and alert in order to mitigate the adverse effects of the epidemiological situation caused by the spread of SARS-CoV-2 coronavirus on the labor market; (iii) in order to continue the measures previously adopted, the measures regulated by Article 5 of the Directive have been provided for. I of the Government Emergency Ordinance no. 92/2020.
- Thus, it rejects, as inadmissible, the application filed by the Romanian Court of Appeal Oradea Administrative and Fiscal litigation Department, by concluding on 13 May 2022, given in the case no. 2,670/111/CA/2021-R, in order to deliver a preliminary decision for the resolution of this question of law.
- Decision No 58/2022 on the examination of the application lodged by the Alba Court – Section I Civil, in case No 2,640/298/2020, for a preliminary ruling
- The Alba Court the first Civil Section ordered, by concluding on 9 December 2021, in case no. 2,640/298/2020, the referral to the Romanian High Court of Cassation and Justice, pursuant to the provisions of Article 519 of the Romanian Code of Civil Procedure, for a preliminary ruling on the following question of law: The interpretation of the provisions of Article 4 of Law no. 17/2014 on some measures regulating the sale of agricultural land located outside the European Union and amending Law no. 268/2001 on the privatization of companies that own public and private land in administration of the state with agricultural destination and the establishment of the Agency State domains, with subsequent amendments and additions (Law no. 17/2014), in case of concluding contracts for the sale of the possession of agricultural land from outside the country, regulated by Article 13 paragraph (5) of the Law on cadastre and real estate advertising no. 7/1996, republished, with subsequent amendments and completions (Law no. 7/1996), Respectively, if the right of pre-emption must be respected, according to Article 4 of Law no. 17/2014, in case of sale of the possession of agricultural land from outside the country, which is noted in the land register, according to Article 13 paragraph (5) of Law no. 7/1996.
- The Romanian High Court of Cassation and Justice admits the referral made by the Alba Court – Section I Civil, in case no. 2,640/298/2020, for a preliminary ruling and, accordingly, establishes that: In interpreting and applying the provisions of Article 4 paragraph (1) of Law no. 17/2014 on some measures regulating the sale of agricultural land located outside the European Union and amending Law no. 268/2001 on the privatization of companies that own public and private land in administration of the state with agricultural destination and Establishment of the State domains Agency, with subsequent amendments and additions, and of Article 13 paragraph (5) of the cadastre Law and real estate advertising no. 7/1996, republished, with subsequent amendments and completions, It is not necessary to respect the right of pre-emption provided for in Article 4 paragraph (1) of Law no. 17/2014 at the conclusion of a convention having as object the alienation of possession of agricultural land from outside the country.