The High Court of Cassation and Justice - The panel for resolving appeals in the interest of the law ruled, in the public court session of September 18, 2023, by general binding decision, that in the event of the formulation of a contravention complaint, art. 204 para. (1) of the Code of Civil Procedure, which authorizes the plaintiffs to amend their complaints at the latest by the first term to which they were legally summoned, remains applicable:
"Decision no. 16: Admits the appeal in the interest of the law (...) In the interpretation and application of the provisions of art. 31 para. (1) from Government Ordinance no. 2/2001 regarding the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002, with subsequent amendments and additions, establishes that: In the event of formulation of a contravention complaint, the aforementioned legal provisions do not exclude from application the provisions of art. 204 para. (1) of the Code of Civil Procedure. Mandatory, according to the provisions of art. 517 para. (4) of the Code of Civil Procedure. Pronounced in public court session today, September 18, 2023."
This decision is important, as some Romanian courts used to reject the modification requests made by the plaintiff after the expiration of the 15-day period provided for in art. 31 of G.O. no. 2/2001, considering that during this period of time the sanctioned person had both the obligation to file a contravention complaint and the obligation to fully motivate it.
From now on, such a solution becomes illegal, the High Court of Cassation and Justice ruling that the plaintiff can amend his complaint, including in the sense of supplementing the reasons for the illegality of the minutes, until the first court term to which he is legally summoned.
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