Revision based on the provisions of art. 322 pt. 9 Civ. Pr. Code since 1865. Conditions of admissibility of exercising this way of appeal

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

According to point 9 of article 322 Civ. Pr. Code 1865, it is possible to request the revision of a decision that evokes the background when the European Court of Human Rights has found a violation of the fundamental rights and freedoms caused by a court decision, and the serious consequences of this violation continue to occur and cannot be fixed but only by reviewing the pronounced judgment. The revision cannot be admitted as long as the ECHR has not found an infringement of fundamental rights or freedoms caused by a court decision, but the request was rejected as inadmissible on the grounds that the complainant has a remedy specifically provided by the domestic law, namely the procedure provided by law. 165/2013, which was not exhausted.