Claim deriving from the performance of administrative contracts. Means of challenge against the decision of the first court. Imprecise indication in the ruling regarding the means of challenge. Irrelevance

DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Abstract

The new Code of Civil Procedure, expressly preserving and enshrining the principle of legality of appeal, brings, through paragraph (3) of Article 457, a correction so that the party who relied on the court decision regarding the issue in question is not prejudiced in case the judge erred. In other words, where the judge has made an inaccurate statement in the enacting terms of the appeal and the party has complied with that statement, the unlawful appeal is inadmissible, but the party may file the legal appeal, under the conditions mentioned in the second thesis of Article 457 paragraph (2) of the code.

The inaccurate indication in the decision on the appeal available against it has no effect on the right to exercise the appeal provided by law, and the erroneous indication by the court of the time limit for filing the appeal is a cause for reinstating ex officio the appeal filed in compliance with the wrong indication of the court. If the court rejects as inadmissible the appeal not provided by law, filed by the interested party in consideration of the inaccurate mention in the decision on the appeal, the judgment of the court of judicial review will be communicated ex officio to all parties involved in the trial in which the contested decision was pronounced, and from the date of communication starting to run, if necessary, the term for filing the appeal provided by the law.