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HCCJ. Requalification of the means of appeal. The illegal composition of the court

The High Court of Cassation and Justice stated that the judgment ruled by the court which qualified the means of appeal from appeal to recourse, in a judge panel composed of three judges, and not of two judges, is illegal, according to the provisions of the Article 304, point 1, Civil Procedure Code (Article 488, paragraph 1, point 1, New Civil Procedure Code). On this line, the High Court said that, from the procedural point of view, the court which has to solve the claim of appeal should be composed of two judges and only after the means of appeal has been qualified  as a recourse, the judge panel must be composed of three judges. (Decision no.382 from 5th February 2015 ruled in recourse by the Second Civil Section of the High Court of Cassation and Justice having as an object the retreat of an associate from society)

:: The Source: JURIDICE.ro

Raluca-Andreea TRÎNCĂ-GĂVAN

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