Decizia nr. 79/2022 a Înaltei Curți de Casație și Justiție – Completul pentru dezlegarea unor chestiuni de drept – interpretare sau legiferare? // Decision no. 79/2022 of the High Court of Cassation and Justice The panel for resolving some legal issues interpretation or legislation?

By Decision no. 79/2022, the High Court of Cassation and Justice The panel competent for resolving some legal issues, admitted the referral made by the High Court of Cassation and Justice First Civil Section regarding the rendering of a preliminary judgment and, consequently, established that in interpretation of the provisions of art. 497 of the Civil Procedure Code, as amended by Law no. 310/2018 in correlation with the provisions of art. 492 para. (1), art. 498 and of art. 501 para. (3) and (4) of the Code of Civil Procedure, if the appeal is accepted in the second procedural cycle, the appealed decision being overturned, the High Court of Cassation and Justice will retain the case for trial only when it would not be put in a position to proceed to the analysis of the factual situation by requalifying the facts or by completing or re administering the evidence, otherwise the case will be sent for retrial to the court of appeal or, as the case may be, to the first instance.In our opinion, such an interpretation adds to the law, not being covered by the provisions of the Code of Civil Procedure, requiring the intervention of the legislator to clarify the way in which the supreme court will proceed in the second procedural cycle of resolving the appeal.