Article 357. Object of the appeal
Decisions susceptible to appeal may be appealed, until they become final, in the appellate court which, based on the materials in the file and those additionally presented, verifies the correctness of the determination of the factual circumstances of the case, the application and interpretation of the substantive law norms, as well as the observance of the procedural law norms, when judging the case in the first instance.
Article 358. Decisions that may be appealed and the courts competent to judge appeals
(1) Decisions pronounced in the first instance by the courts of first instance may be appealed to the common law courts of appeal.
(2) – repealed.
(3) – repealed.
(4) Decisions rendered in the first instance by the courts of appeal may not be appealed.
(5) Decisions rendered in the first instance after the re-examination of the case may be appealed in accordance with general rules.
Article 359. Appealing decisions issued in the first instance
(1) Decisions issued in the first instance may not be appealed in an appeal except together with the decision, with the exception of decisions that may be appealed in an appeal, separately from the decision, in the cases specified in art. 423.
(2) The appeal filed against the decision shall be deemed to have been filed also against the decisions given in the respective case, even if they were issued after the decision was rendered and if the appeal of the decision is not mentioned in the appeal.
Article 360. Persons entitled to appeal
(1) The following persons shall have the right to appeal:
a) the parties and other participants in the proceedings;
b) the representative in the appellant's interest, if authorized in the manner established by law;
c) the witness, expert, specialist and interpreter, the representative regarding the compensation of court expenses due to them.
(2) The interested person who has expressly waived the appeal in respect of a decision shall no longer have the right to appeal. Waiver of the appeal shall be made by filing an application in the first instance before the expiry of the term for filing the appeal.
Article 361. Joining the appeal
(1) The co-participants (co-claimants, co-defendants) and intervenors participating in the proceedings on behalf of the appellant may join the appeal, if their claims coincide with the claims of the appellant, by submitting a written application. For the application to join the appeal, the state fee shall be paid in the amount provided for by theState Fee Law no. 213/2023.
(2) If the appellant's claims do not coincide with the claims of the joinder, the latter is entitled to file an appeal according to the general rules, paying the state fee in the amount provided for by the State Fee Law no. 213/2023.
(3) If the main appellant withdraws his appeal or the appeal request is not granted, or the request has been returned, or there are other reasons that exclude the resolution of the merits, the joining of the appeal provided for in paragraph (1) produces legal effects if it took place within the appeal term and the joined person has paid the state fee.
Article 362. Term for filing an appeal
(1) The term for filing an appeal is 30 days from the date of the pronouncement of the operative part of the decision, unless the law provides otherwise.
(2) The appeal term is interrupted by the death of the participant in the process who had an interest in filing an appeal or by the death of the representative to whom the decision was communicated. In such cases, a new communication is made at the place of opening of the succession, and the appeal term begins to run again from the date of communication of the decision. For heirs on whom judicial protection measures have been instituted or for those who have disappeared without a trace, the term runs from the day on which the guardian or curator is appointed.
(3) The appeal term is reinstated by the appeal court in the cases and in the order provided for in art.116.
Article 3621. Incidental appeal
(1) In the process in which the appeal filed by the appellant is being judged, the respondent is entitled, after the expiration of the appeal deadline, to file an appeal in writing, including in electronic form through the Integrated File Management Program. The cross-appeal shall be filed no later than the date of filing the reference to the appeal request.
(2) If the main appellant withdraws his appeal or if the appeal request is not followed, or the request has been returned, or there are other reasons that exclude the resolution of the merits, the cross-appeal provided for in paragraph (1) shall not produce legal effects.
Article 363. Suspensive effect of the appeal deadline
(1) The appeal deadline suspends the execution of the decision pronounced in the first instance, except in cases provided for by law.
(2) An appeal filed within the time limit shall also suspend the execution of the decision.
Article 3631. Suspensive effect of an appeal filed outside the legal time limit
(1) In patrimonial cases, at the request of the appellant, the appellate court shall order the suspension of the execution of the decision appealed against by an appeal filed outside the legal time limit if the appellant has lodged a bail under the conditions of art. 80 and 81 of the Executive Code (Enforcement Code). The suspension shall be ordered within 10 days at the latest by a ruling that is not subject to any appeal.
(2) If the request for reinstatement within the appeal time limit has been granted, and as a result of the examination of the appeal, a decision is adopted dismissing the action, the bail lodged shall be returned by the decision of the appellate court.
(3) If the request for reinstatement within the appeal period has been granted, and as a result of the examination of the appeal, the decision is quashed and the case is remanded for retrial, the deposit shall remain in the account until an irrevocable decision is adopted.
(4) If the request for reinstatement within the appeal period has been granted, and as a result of the examination of the appeal, the decision has been upheld or if the request for reinstatement within the appeal period has been rejected, the deposited amount shall be used for the execution of the decision in the manner provided by law.
(5) In non-pecuniary cases, the execution of the decision may be suspended by the appellate court upon the reasoned request of the appellant.
Article 364. Submission of the appeal
(1) The appeal shall be submitted in writing to the court whose decision is being appealed, with the payment of the state fee and/or the stamp duty if the appeal is subject to a fee, under the conditions of the law.
(2) The appeal and the new documents that were not presented in the first instance shall be submitted in as many copies as there are participants in the process, plus one copy for the appeal court. The copies of the documents shall be legalized in the manner established by law.
(3) The attached documents, written in a foreign language, shall be submitted in translation, certified in the manner established by law.
(4) The appeal with all attached documents may be submitted through the Integrated File Management Program, with an advanced qualified electronic signature.
Article 365. Content of the appeal
(1) The appeal shall indicate:
a) the court to which the appeal is addressed;
b) the name or designation, domicile or registered office of the appellant, his procedural capacity;
c) the contested decision, the court that issued it, the panel of judges, the date of issuance;
d) the factual and legal grounds on which the appeal is based;
e) the evidence invoked in support of the appeal;
f) the appellant's request;
g) the names and addresses of the witnesses, if they are requested to be summoned in the appeal;
h) the documents to be attached.
(11) The elements of the appeal provided for in paragraph (1) letters d), e) and h) may be included in a supplementary appeal filed after the date of the preparation of the full decision.
(2) The appeal may also indicate other data related to the examination of the appeal.
(3) The appeal shall be signed by the appellant or his representative. In the latter case, the document, legalized in the established manner, certifying the powers of the representative shall be attached to the application if such a power of attorney is missing from the file.
(4) The appeal shall be accompanied by proof of payment of the state fee, if the appeal is subject to a fee, and/or of the stamp duty.
Article 3651. Initiation of the appeal procedure
(1) Within 24 hours of the file reaching the appeal court, the appeal shall be randomly assigned to the panel of judges, through the Integrated Case Management Program.
(2) Within 10 days of the distribution of the appeal, the panel of judges that received the appeal for examination shall verify whether it meets the requirements provided for by law, without notifying the participants in the trial. If the appeal does not meet the requirements provided for by law, the panel of judges shall apply the provisions of Articles 368 and 369. Otherwise, by a ruling not subject to appeal, the panel of judges shall accept the appeal for examination and order the initiation of the appeal procedure.
Article 366. – repealed.
Article 367. Actions of the first instance after receiving the appeal request
(1) The president of the first instance, after receiving the appeal request, the documents and other attached evidence that were not submitted in the first instance, orders the immediate registration of the appeal request.
(2) – repealed.
(3) After the expiration of the deadline for filing the appeal, the first instance is obliged to send the file to the appeal court the next day together with the filed appeals and the attached documents that were not submitted in the first instance. Until the expiration of the deadline for filing the appeal and the sending of the file to the appeal court, the first instance resolves the requests for issuing an additional decision, for correcting errors and omissions, submitted before the expiration of the deadline for filing the appeal.
(4) Until the deadline for filing an appeal has expired, no one is entitled to challenge the file of the first instance. The participants in the trial may review the materials in the file, the appeals and references filed, the new evidence presented and may submit reasoned references against the appeals and references.
Article 368. Cases in which the appeal request is not granted
(1) If the appeal request does not meet the conditions set forth in Articles 364 and 365 and if the request is filed without paying the state fee and/or stamp duty, the appeal court, within 10 days of the distribution of the file, shall order by a ruling, without notifying the participants in the trial, that the request be denied, granting the appellant a term to remedy the deficiencies.
(2) If the appellant complies with the instructions in the court order within the time limit, the appeal shall be deemed to have been filed on the date of the initial submission.
(3) The decision of the appellate court not to grant the application may be appealed together with the merits.
Article 369. Return of the appeal application
(1) The appellate court shall return the application, by a decision, if:
a) the appellant has not complied with the instructions of the appellate court in the decision issued in accordance with Article 368 paragraph (1);
b) the appeal was filed outside the legal time limit, and the appellant does not request reinstatement within the time limit or the appellate court has refused to reinstate the application within the time limit;
c) the appellant has filed a new claim, not examined in the first instance;
d) the appeal was filed by a person who is not entitled to file an appeal, except in the case where the application filed by the person against whom a judicial protection measure has been established refers to the contestation of the decision on the establishment of the judicial protection measure;
e) the appellant requests the return of the appeal before the commencement of the debate on the merits of the case in the appellate court;
f) by virtue of the law, the decision cannot be challenged on appeal.
(11) A panel of 3 judges decides on the return of the appeal, without summoning the participants in the trial. The appellate court may summon the participants in the trial to a preliminary hearing only in the case established in paragraph (1) letter b).
(2) The court order returning the appeal may be appealed.
Article 370. Preparation of the case for judicial debates
(1) The appellate court shall, within 2 months from the date of issuing the order initiating the appeal procedure, carry out the procedural acts in order to prepare the case for debates in accordance with art. 185 and art. 186. The references with all the attached documents shall be submitted in as many copies as there are participants in the process, plus one copy for the appellate court, including, where appropriate, through the Integrated File Management Program, with an advanced qualified electronic signature.
(2) If, in the course of preparing the case for judicial debates, the participant in the trial submits the request for issuing the additional decision, the appellate court shall transmit to the first instance the certified copy of the file or the electronic copy, if the communication is made through the Integrated File Management Program, for the resolution of the respective request. The appellate court shall continue to examine the case, but the pleadings shall be postponed until the additional decision is issued.
Article 371. Time limit for examining the case in the appellate court
After the expiry of the time limit for preparing the case for debate in the court session, the appeal shall be examined within a reasonable time.
Article 372. Presentation of new evidence and claims in the appellate court
(1) The parties and other participants in the trial have the right to present new evidence if it complies with the provisions of Art. 1191 para. (2), if it was not claimed by the first instance at the request of the participants in the trial or if it was unjustifiably returned by the first instance.
(11) – repealed.
(12) – repealed.
(2) Witnesses heard in the first instance may be summoned to the appeal court if their testimonies are contested in the appeal.
(3) In the appeal, the procedural status of the parties, the basis or the object of the action may not be changed, nor may new claims be submitted. However, interest, installments, income due and any other damages arising after the issuance of the first instance decision may be requested, and legal compensation may be requested.
Article 373. Limits of the appellate judgment
(1) The appellate court shall verify, within the limits of the appeal, the references and objections submitted, the legality and soundness of the contested decision with regard to the finding of the factual circumstances and the application of the law in the first instance.
(2) Within the limits of the appeal, the appellate court shall verify the circumstances and legal relationships established in the first instance decision, as well as those that have not been established, but which are important for resolving the case, assess the evidence in the file and those additionally presented in the appellate court by the participants in the process.
(3) If the motivation of the appeal does not include new arguments or evidence, the appellate court shall rule on the merits, only on the basis of those invoked in the first instance.
(4) – repealed.
(5) The appellate court is obliged to rule on all grounds invoked in the appeal.
(6) The appellant may not be placed in a more difficult situation in his own appeal than in the judgment appealed against, except in cases where he consents and when the judgment is also appealed by other participants in the proceedings.
Article 374. Withdrawal of the appeal and termination of the appeal procedure
(1) The appellant and his legally authorized representative may withdraw the appeal before the merits of the case are discussed in the appellate court. The withdrawal shall be made in writing or orally, in the latter case with a record in the minutes.
(2) The withdrawal of the appeal filed by the prosecutor, another person or a body empowered by law to file a lawsuit for the protection of the rights, freedoms and legitimate interests of another person shall not deprive the person in whose interest the appeal is filed of the right to pursue it after paying the state fee.
(3) In the event of the withdrawal of the appeal, the appellate court shall order by a ruling the termination of the appeal procedure, which shall be notified to the participants in the trial, the termination of the procedure with respect to the person who has waived the appeal and shall examine the appeals of other participants in the trial.
(4) After receiving the appeal, the appeal procedure shall be terminated ex officio or upon request if the appeal court finds that:
a) the appeal was filed outside the legal deadline, and the appellant did not request a retrial or the appeal court rejected the request for a retrial;
b) the appeal was filed by a person who is not entitled to file an appeal;
c) the decision cannot be appealed, according to the law.
(5) The court decision regarding the termination of the appeal procedure may be appealed on appeal.
Article 375. The plaintiff's withdrawal of the action and the settlement between the parties
(1) The plaintiff's withdrawal of the action and the settlement concluded between the parties after the appeal is filed shall be submitted to the appellate court in writing in the form of a request.
(2) The examination of the plaintiff's request to withdraw the action or the parties' request to conclude the settlement, the effects of the admission or rejection of the withdrawal or settlement shall take place in accordance with art.212.
(3) In case of admission of the plaintiff's withdrawal of the action or confirmation of the settlement between the parties, the appellate court shall annul the appealed decision and order the termination of the process if the provisions of art.60 paragraph (5) are complied with.
Article 376. Procedure for adjudicating a case in the court of appeal
(1) The procedural provisions regarding the adjudicating of civil cases in the first instance shall also apply in the court of appeal to the extent that they are not contrary to the provisions of this chapter.
(11) The appeal against the decisions issued by the insolvency court, as well as against the decisions issued, in the case of low-value claims, shall be examined, in written procedure or with the summons of the participants in the process, under the conditions of the examination of the cases in the first instance.
(2) The list of cases to be examined in the appeal shall be displayed until the court hearing.
Article 377. Debate of the case in the court of appeal
The chairman of the court hearing shall open the hearing and announce the case, the name of the appellant, the court whose decision is being appealed, shall ascertain the presence of the participants in the process and the representatives, shall determine the identity of those present, and shall verify the powers of attorney of the persons with a responsible position and of the representatives.
Article 378. Announcement of the panel of judges. Exercise of the right to make motions to challenge
(1) The presiding judge shall announce the panel of judges and inform the participants in the trial that they have the right to make motions to challenge.
(2) The grounds for submitting motions to challenge and abstain from the trial, the manner of their resolution and the effects of their admission are provided for in Articles 49-54.
(3) The presiding judge shall explain to the participants in the trial their procedural rights and obligations.
Article 379. Effect of failure of a participant in the trial to appear at the trial
(1) If it is established that the participant in the trial was not notified of the appeal, the new evidence and the references, the appellate court shall order the postponement of the trial.
(2) The failure to appear at the court hearing of the appellant or the respondent, their representatives, as well as another participant in the trial, legally summoned about the place, date and time of the hearing, does not prevent the hearing of the appeal.
Article 380. Examination of the request and motion of the participant in the trial
(1) The appellate court resolves the request and motion of the participant in the trial related to the examination of the appeal after hearing the opinions of the other participants.
(2) The parties and other participants in the trial are entitled to request the presentation of new evidence whose complaint was rejected by the first instance.
(3) The application and the submitted actions shall be resolved in accordance with the provisions of Articles 48 and 203, the appellate court not being entitled to reject them for the reason of their rejection in the first instance.
Article 381. Report on the case
(1) The trial of the case in the appellate court shall open with the report on the case, presented by the president of the court session or by a judge.
(2) The rapporteur shall present the circumstances of the case, the content of the first instance decision, the reasons for submitting the appeal, the summary of the references filed against it, the content of the new evidence presented to the appellate court, other data necessary to verify the legality and soundness of the decision.
Article 382. Explanations of the participants in the trial
The appellate court is obliged to hear the explanations of the participants in the trial present at the court session and of their representatives. The appellant and his representative shall speak first, followed by the other participants in the trial in the order established by the court. If both parties have filed an appeal, the plaintiff shall speak first.
Article 383. Examination of evidence
(1) After the explanations of the participants in the trial, the appellate court shall verify the evidence administered in the first instance and that presented in the appellate court under the conditions of art. 372.
(2) The appellate court shall have the right to read out the explanations of the absent participants in the trial, as well as the testimonies of witnesses who were not summoned in the appellate court.
Article 384. Pleadings
(1) After examining the case on the merits, the president of the court session shall offer the participants in the trial and the representatives the opportunity to make submissions or additions. After resolving the submissions, the court shall proceed to the pleadings.
(2) Pleadings shall be made in accordance with the provisions of art. 233 and art. 234. The appellant shall be the first to speak. If both parties have filed an appeal, the plaintiff shall be the first to speak.
Article 385. Powers of the appellate court
The appellate court, after judging the appeal, shall have the right:
a) to reject the appeal and uphold the decision of the first instance;
b) to admit the appeal and modify the decision of the first instance;
c) to admit the appeal and quash the decision of the first instance in whole or in part, issuing a new decision;
d) to admit the appeal, to quash the decision of the first instance in full and to send the case for retrial in the first instance only if the grounds provided for in art. 388 para.(1) lett. d) and i have been violated. At the request of the participants in the trial, the court of appeal may send the case for retrial in the first instance only once, in the case provided for in art. 388 para. (1) lett. b);
e) to admit the appeal and to quash the decision of the first instance in full or in part, ordering the termination of the trial or the removal of the application from the list if the grounds provided for in art. 265 and 267.
Article 386. Grounds for quashing or amending the decision by the appellate court
(1) The decision of the first instance shall be quashed or amended by the appellate court if:
a) the circumstances important for resolving the case have not been fully established and elucidated;
b) the circumstances important for resolving the case, which the first instance considers established, have not been proven with truthful and sufficient evidence;
c) the conclusions of the first instance, set out in the decision, are in contradiction with the circumstances of the case;
d) the rules of substantive law or the rules of procedural law have been violated or applied erroneously.
(2) A legal decision on the merits may not be quashed solely on formal grounds.
Article 387. Violation or erroneous application of substantive law norms
It is considered that substantive law norms are violated or erroneously applied if the court:
a) did not apply the law that should have been applied;
b) applied a law that should not have been applied;
b1) applied a law that was declared unconstitutional;
c) misinterpreted the law;
d) incorrectly applied the analogy of the law or the analogy of the right.
Article 388. Violation or erroneous application of procedural law norms
(1) The decision of the first instance shall be quashed, regardless of the arguments of the appeal, if:
a) the case was tried by an illegally composed panel of judges;
b) the case was tried by the court in the absence of a participant in the trial who was not notified of the place, date and time of the trial;
c) in the trial of the case, the rules regarding the language of the trial were violated;
d) the court resolved the issue of the rights of persons not involved in the trial;
e) – repealed.
f) the decision is not signed by the judge or by one of the judges or the decision is not signed by the judge or judges mentioned in the decision;
g) the record of the court session is missing from the file;
h) the record of the performance of a procedural act is missing from the file;
i) the case was examined in violation of jurisdictional competence.
(2) The commission of other violations than those recorded in paragraph (1) constitutes the basis for the annulment of the decision only if they led or could have led to the erroneous resolution of the case.
Article 389. Adoption and pronouncement of the decision
(1) After the conclusion of the debates and pleadings, the panel of judges shall retire to the deliberation room to adopt the decision. In complex cases, the appellate court, by protocol conclusion, shall order the postponement of the deliberation for a maximum of 15 days, notifying the participants in the trial of the place, date and time of the pronouncement of the operative part of the decision.
(2) Following the deliberation, the panel of judges shall pronounce the operative part of the decision. The operative part of the decision must be signed by all judges of the panel of judges and attached to the file.
(3) If a separate opinion is expressed when adopting the decision, it shall be attached to the file.
(4) The full decision shall be drawn up within 45 working days from the pronouncement of the decision and shall be published on the court's website.
(5) If one of the judges of the panel is unable to sign the full decision, the president of the hearing shall sign in his place, and if he is also unable to sign, the president of the court shall sign in his place. In all cases, the reason for the inability to sign shall be mentioned on the decision.
(6) The full decision shall be sent to the parties within 5 days from its signing.
(7) The decision of the court of appeal may be appealed in the manner established by this Code.
Article 390. Content of the decision
(1) The decision of the appellate court must contain:
a) the name of the court that issued the decision, the panel of judges;
b) the place and date of the decision;
c) the name or title of the appellant and his procedural capacity;
d) a brief statement of the decision of the first instance, the grounds for the appeal, the new evidence, the explanations of the participants in the appeal process;
e) the reasons for the conclusions of the appellate court and the reference to the governing law;
f) the conclusions of the appellate court following the examination of the appeal.
(2) In the event of the appeal being dismissed, the appellate court shall be obliged to indicate in its decision the reasons for the dismissal.
(3) In the event of the full or partial quashing of the first instance decision and the return of the case for retrial in the first instance, the appellate court may set out in its decision the procedural acts to be carried out in the first instance upon the retrial of the case, but it shall not be entitled to prejudge in its opinions whether a certain piece of evidence would inspire confidence or not, that some evidence would be more reliable than others, nor to establish what decision should be adopted after the retrial of the case.
(31) In the event of the quashing or modification of the first instance decision, the appellate court shall set out the measures to secure the action applied, as well as, where appropriate, the return of enforcement.
(4) The decision shall be signed by all judges who examined the appeal, including the judge who has a separate opinion.
Article 391. – repealed.
Article 392. – repealed.
Article 393. Cancellation of the decision and termination of the trial or removal of the application from the list
(1) The decision of the first instance shall be canceled by the court of appeal which shall order by decision the termination of the trial or removal of the application from the list, if the grounds set out in Articles 265 and 267 exist.
(2) The decision of the court of appeal regarding the termination of the trial or removal of the application from the list may be appealed on appeal.
Article 394. Legal force of the decision of the appellate court
The decision of the appellate court shall remain final at the time of its pronouncement and shall be enforced in accordance with the provisions of this Code and other laws.
Article 395. – repealed.
Article 396. Return of the file to the first instance
After the examination of the case in the appellate court, the file shall be returned to the first instance.