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HCCJ. Resumption by the judge of the arguments of a party

High Court of Cassation and Justice has ruled that art. 261 para. (1) pt. 5 CPC (Art. 425 para. 1 letter c NCPC) require the obligation to state reasons for the court judgment, in the sense of presenting “factual and legal reasons that led to the conviction of the court and, also, those for which have been removed parties’ applications. “In this case, however, the High Court held that the trial court resumed only arguments of one party, without accompanying its own analysis of the relevant factual and legal issues and without any minimal examination of the other party’s arguments, which does not correspond requirements of the mentioned legal text and art. 6 para. 1 of the European Convention on Human Rights concerning the right to a fair trial, drawing nullity of judgment and refer the case back to that court, due to failure to state reasons in the judgment. (Decision no. 1664 of April 1, 2014 rendered in appeal by the Administrative Department of to the High Court of Cassation and Justice for annulment of an administrative act)

:: The source: JURIDICE.ro

Ingrid-Andra BUSUIOC

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