Challenge regarding the delay of the trial. Postponement of the judgment of the case in appeal. Breach of the special procedural rules provided for by the G.O no. 26/2000. Right to settle the case within an optimal and expected time period

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

Due to the inconsistent manner of interpretation and application of the special rules provided for by the G. O. no. 26/2000, namely, of the provisions of Article 11 para. 3 and 4 of the ordinance, the court of appeal timed the judgment of the case in a unpermitted manner in procedural terms, the purpose of which is deprived of any predictability, in relation to the successive registration of certain new appeals, on the hearing dates given, with the whole procedure related to them, including the summoning procedure of the holders of these claims, as parties to the legal proceedings. Examining only formally, whether there may be a legal basis of the successive registration of certain new appeals filed on the hearing dates given and affirmatively concluding, with reference to the provisions of the common law, Article 534 para. 4 of the Code of Civil Procedure, the court disregarded the special nature of the procedure provided for under the provisions of the G. O. no. 26/2000, which establishes in Article 11 para. 4, that the appeal is immediately and mainly settled (... ), and the parties’ right to a fair trial and to the case settlement is breached within an optimal time period, enshrined at the principle level under the provisions of Article 6 of the Code of Civil Procedure.