24. Efectul dilatoriu în practica judiciară a Deciziei nr. 14/2020 pronunţate de Înalta Curte de Casaţie şi Justiţie, Completul pentru soluţionarea recursului în interesul legii
24. The suspensive effect in court practice of Decision No. 14 delivered by the High Court of Cassation and Justice, the Panel for resolving the appeal in the interest of the law

Summary/Abstract: The cross appeal is regulated by art. 472 of the Civil Procedure Code, and the cross appeal by art. 491 of the Civil Procedure Code. Although initially we considered that the cross appeal/appeal can only concern that part of the judgment that has already been challenged by the main appeal/appeal, the supreme court pronounced a different solution. Thus, by Decision no. 14/2020 The High Court of Cassation and Justice The panel competent to hear the appeal in the interest of the law established that in the unitary interpretation and application of the provisions of Articles 472 and 491 of the Civil Procedure Code, the cross appeal or appeal cannot be limited to the subject matter of the main appeal or appeal, but may refer to other solutions contained in the operative part of the appealed judgment and/or its recitals. The authors demonstrate through a solution of the case that the effects of this decision are negatively reflected in the practice of the courts, determining the prolongation of the trial and the extension of the procedural framework in appeal/appeal with reasons that were not taken into account when initiating the respective appeal.

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