HCCJ. Not ruling on court costs

The High Court of Cassation and Justice ruled that, according to the provisions of art. 274 of the Code of civil procedure (art. 453 New Code of civil procedure), procedural fault of the party who lost the trial is necessary for requesting court costs. The winning party position is determined by the connection between the content of the action’s object and the outcome comprised in the ruling. The High Court stated, therefore, that by annulling the decision of the lower court and by submitting it to review, the plaintiff’s action was not resolved as the winning party was not established. As a consequence, in a fair manner, the appellate court did not rule on the court costs. (Decision no. 1837 of the 22th May, 2014, rendered in second appeal by Section II – Civil of the High Court of Cassation and Justice)

:: The source: JURIDICE.ro

Andreea BANU

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