Second appeal. The effects of the admission of the motion for transfer of the judgment on the motion for suspension of enforcement of the administrative act, based on the provisions of Article 15 of Law 554/2004. Disqualification.

JURISPRUDENȚĂ COMENTATĂ ŞI ADNOTATĂ

Abstract

The second sentence of Article 145(2) of the Code of Civil Procedure provides for the automatic annulment of the judgment handed down in the proceedings in which the motion for transfer has been made, if the proceedings have continued and a judgment has been handed down prior to the decision on the motion for transfer. Since the final judgment is set aside as of right, it does not mean that the absence of the appropriate mention in the transfer order is such as to remove this effect. In this case, the disqualification operates de jure. The effect of the admissibility of the motion for transfer shall also apply to motions for suspension of administrative acts, decided by judgments delivered prior to solving the merits of the case.

In administrative proceedings, the claim for annulment of the administrative act and the motion for its suspension under Article 15 of Law 554/2004 constitute independent and principal claims. Therefore, the judgment by which the merits court decided the motion for suspension is a dismissal judgment, i.e. a final judgment, so that it is subject to the provisions of Article 145(2) sentence II of the Code of Civil Procedure relating to the dismissal as of right, following the admission of the motion for transfer.