Article 429. Dispositional acts that can be appealed
(1) Decisions issued by the courts of appeal in their capacity as appellate courts, as well as decisions issued by the courts of appeal, may be appealed.
(2) Conclusions given in appeal may be appealed only together with the decision, except in cases when, according to the law, they can be appealed separately and when the conclusion makes it impossible to continue the process.
(3) An appeal against the decision or judgment shall be considered declared against the conclusion as well, even if it was issued after the decision or judgment appealed against was issued.
(4) The following may not be appealed:
a) decisions to refer the case for retrial that are not subject to any appeal;
b) decisions in respect of which the appeal has been withdrawn in the manner provided for in art. 374;
c) decisions issued by the appellate court, without the right of appeal.
(5) Decisions in respect of which the persons indicated in art. 430 letter a) did not use the appeal path provided for by law may not be appealed. Persons who did not use the appeal to challenge the decision of the appellate court by which their situation was worsened, as well as the persons referred to in art. 430 letter b), may appeal.
(6) A decision susceptible to appeal and cassation may be challenged, within two months, directly by cassation if the parties expressly consent before the first instance to waive the appeal by authentic document or by verbal declaration recorded in the minutes.
Article 430. Persons entitled to file a cassation
The following are entitled to file a cassation:
a) the parties and other participants in the process;
b) persons who were not involved in the process, but whose rights are harmed by the court decision.
Article 431. Court competent to examine the cassation
(1) The examination of cassation against decisions of courts of appeal falls within the competence of the Supreme Court of Justice.
(2) A panel of 3 judges shall decide on the admissibility of the appeal.
(3) An appeal deemed admissible shall be examined by a panel of 3, 5 or 9 judges of the Supreme Court of Justice.
(4) The judges who examined the admissibility of the appeal may also participate in the examination of the appeal in question.
Article 432. Grounds for appeal
(1) The appeal shall be admitted if:
a) the interpretation of the law in the contested decision is contrary to the uniform case law of the Supreme Court of Justice;
b) by admitting the appeal, the case law of the Supreme Court of Justice is changed or consolidated;
c) an appeal lodged late was unfoundedly admitted or an appeal lodged within the time limit was rejected as being late;
d) the judgment or decision concerns the rights of a person who was not involved in the proceedings;
e) the judgment or decision is arbitrary or is based decisively on a manifestly unreasonable assessment of the evidence;
f) the court was not composed according to the law or the judgment was pronounced in violation of jurisdictional competence.
(2) The grounds referred to in paragraph (1) letters d)–f) may be invoked in an appeal only if they were invoked in the appeal or if the violation occurred in the appellate court.
Article 433. Grounds for inadmissibility of an appeal
(1) The application for an appeal shall be considered inadmissible if:
a) the appeal does not fall within the grounds provided for in art. 432 paragraph (1);
a1) the appeal is filed against an act that is not subject to appeal, except for the cases provided for in art. 429 paragraph (5);
b) the appeal is filed with the omission of the declaration term provided for in art. 434;
c) the person who filed the appeal is not entitled to file it;
d) the appeal is filed repeatedly after it has been examined;
e) the legal issue raised in the appeal is not of fundamental importance for the development of jurisprudence;
f) the appeal is manifestly unfounded.
(2) The appeal filed pursuant to Article 432, paragraph (1), letter e) may not be declared inadmissible pursuant to paragraph (1), letter e) of this Article.
Article 434. Time limit for filing an appeal
(1) The appeal shall be filed within 2 months from the date of notification of the judgment or the full decision, unless otherwise provided by law.
(2) The 2-month period is a time limit and cannot be restored.
Article 435. Suspensive effect of the appeal
(1) The appeal suspends the execution of the decision in the case of the relocation of the border, the destruction of plantations and crops, the demolition of buildings or any immovable property, the indisputable decommissioning of funds from the budgets of the national public budget and from the budget authorities/institutions, as well as in other cases provided for by law.
(2) At the request of the appellant, the court entrusted with the adjudication of the appeal shall order the suspension of the execution of the decision appealed against if the appellant has lodged a bail.
(3) The security deposit shall be deposited in patrimonial cases in which the decisions have not been enforced, in the amount established in art. 81 of the Enforcement Code.
(4) The security deposit shall be deposited in the bailiff's account in accordance with the provisions of art. 80 of the Enforcement Code. The confirmation issued by the bailiff to the appellant shall be attached to the request for suspension of the enforcement of the decision appealed against.
(5) If the appeal is admitted with the adoption of a new decision by which the action is dismissed, the amount deposited shall be returned pursuant to this decision.
(6) If the appeal is admitted with the annulment of the decision and the remand of the case for retrial, the security deposit shall remain, until the adoption of a new irrevocable decision, in the account in which it is deposited.
(7) If the court of appeal upholds the contested decisions, the respective amount shall be used for the execution of the decision, in the manner provided by law.
(8) In non-pecuniary cases, the execution of the decision shall be suspended upon the reasoned request of the appellant.
Article 436. Filing of the appeal
(1) The appeal shall be filed by the persons mentioned in art. 430, in compliance with the conditions provided by art. 437.
(2) The appellant shall file the appeal with the Supreme Court of Justice, accompanied by as many copies as there are participants in the trial, paying state fee and/or stamp duty in the cases provided by law.
(3) The appeal request with all attached documents may be submitted in electronic format through the Integrated File Management Program, with advanced qualified electronic signature.
Article 437. Content of the appeal request
(1) The appeal request must include:
a) the name of the court to which the appeal is filed;
b) the name, title, procedural capacity of the appellant or the person whose interests they represent, their address;
c) the name or title, address of the respondent;
d) – repealed.
e) the name of the court that issued the decision on appeal, the date of the pronouncement and the operative part of the decision, the arguments for admitting or rejecting the appeal;
f) the grounds provided for in art. 432 and the arguments regarding the merits of the appeal;
g) the date of the appeal and the appellant's signature.
(2) The appeal application must be accompanied by proof of payment of the state fee, if the appeal application is subject to a fee, and/or of the stamp duty.
(3) In the event that the appeal is filed through a representative, the document, legalized in the established manner, certifying the representative's powers of attorney shall be attached to the appeal request, if such power of attorney is missing from the file.
Article 438. Return of the appeal request
(1) The appeal request shall be registered with the registry of the Supreme Court of Justice.
(2) If the appeal request contains the grounds for the appeal, but some of the data provided for in art. 437 para. (1) letters a)–c), e), para. (2) and (3) are missing, the reporting judge shall issue a ruling, which shall not be subject to any appeal, not to grant the appeal request and shall grant the appellant a reasonable term to remedy the deficiencies. If the appellant eliminates the deficiencies within the granted term, the appeal is considered filed on the date of the initial submission. If the appeal request is not signed, does not contain the grounds for the appeal or the appellant does not eliminate the deficiencies in the appeal request within the granted term, the reporting judge returns it within 10 days from the date of registration or from the date of expiry of the term granted for eliminating the deficiencies.
(21) In the event that exemption, postponement or installment of the payment of the state fee is requested (with the presentation of supporting documents), the appeal request is not returned, the panel of three judges will rule, by a ruling that is not subject to appeal, on the submitted request.
(22) If the request for exemption from paying the state fee has been rejected, the panel of 3 judges shall, by a ruling not subject to appeal, order not to grant the request, granting the appellant a reasonable term for paying the state fee. If the appellant complies with the instructions in the court ruling within the term, the appeal shall be deemed to have been filed on the date of the initial submission. Otherwise, the panel of 3 judges shall return the appeal request by a ruling not subject to any appeal.
(23) If a suspension of the execution of the contested decision is requested, the appeal shall not be returned, the panel of three judges shall rule on the submitted request, by a ruling not subject to appeal, within 10 days at the latest from the filing of the request accompanied by the confirmation issued by the bailiff regarding the deposit of the bail. The suspension order shall be sent immediately to the appellant.
(3) The return of the appeal shall not prevent the repeated filing of the appeal after the deficiencies have been eliminated and the other rules established by law for its filing have been observed.
(4) - repealed.
Article 439. Preparatory procedural acts
After receiving the appeal, the court:
a) appoints a judge rapporteur, who prepares the case for trial and sets the date for examining the admissibility of the appeal;
b) verifies whether the appeal meets the requirements set out in art. 437;
c) sends the appeal deemed admissible and the questions to which they should answer to the parties, requesting them to submit, within a period of up to one month, the reference;
d) requests the file from the respective court.
Article 440. Procedure for examining the admissibility of the appeal
(1) If it is found that one of the grounds provided for in art. 433 exists, the panel of 3 judges, by an irrevocable decision adopted in the absence of the parties, declares the appeal inadmissible.
(2) The decision on the inadmissibility of the appeal, which contains a summary of the facts of the case, the reasons and the basis for inadmissibility, shall be published on the official website of the Supreme Court of Justice and shall be sent to the parties.
(3) If it is considered admissible, the panel shall examine the appeal on the merits.
(4) In order to standardize judicial practice, the panel of 3 judges may decide, by unanimous vote, that the appeal considered admissible shall be examined by a panel of 5 judges, and the panel of 5 judges may decide, by unanimous vote, that the appeal considered admissible shall be examined by a panel of 9 judges.
Article 441. - repealed.
Article 442. Limits of the adjudication of the appeal
(1) When adjudicating the appeal filed against the decision given in the appeal, the court shall verify, within the limits invoked in the appeal, the legality of the contested decision in light of the grounds provided for in art. 432. The court shall invoke, ex officio, the failure to involve in the trial the persons whose rights are infringed by the decision.
(2) No new evidence may be introduced in the appeal, except for that which proves the costs and damages referred to in art. 372 para. (3). The assessment of the evidence given by the first instance and the appellate court is binding on the appeal court, except in the case where art. 432 para. (1) letter e) is properly invoked or where the Supreme Court of Justice examines the case after referral for retrial. When examining the appeal, the provisions of art. 372 shall apply accordingly.
(3) The appeal court is obliged to rule on all essential grounds invoked in the appeal.
Article 443. Withdrawal of the appeal
(1) Until the decision is delivered, the appellant has the right to withdraw his appeal by means of a written request. The request for withdrawal of the appeal shall be submitted to the court that was entrusted with the adjudication of the appeal.
(2) In the event of withdrawal of the appeal, the competent court shall order, by an irrevocable ruling, the termination of the appeal procedure.
Article 444. Procedure for adjudication of the appeal
The appeal considered admissible shall be examined without notifying and hearing the participants in the process, with the exception of the appeal in which art. 432 para. (1) lett. e is well-founded. The panel may also decide in other cases to invite the participants to the hearing in order to rule on the appeal considered admissible.
Article 445. Powers and dispositions of the court
(1) The court, after judging the appeal, is entitled:
a) to reject the appeal and uphold the decision of the court of appeal and, where appropriate, the decision of the first instance, as well as the resolutions appealed against;
b) to admit the appeal and fully or partially quash the decision of the court of appeal and the decision of the first instance, pronouncing a new decision;
c) to admit the appeal, fully quash the decision of the court of appeal and send the case for retrial to the court of appeal only once if the judicial error cannot be corrected by the court of appeal;
c1) to admit the appeal and to quash the decision of the court of appeal and the decision of the first instance in full, sending the case for retrial in the first instance, if it has established that the persons whose rights are infringed by the decision were not involved in the process;
d) to admit the appeal and to quash the decision of the court of appeal and the decision of the first instance, ordering the termination of the process or the removal of the application from the list if the grounds provided for in articles 265 and 267 exist;
e) to admit the appeal and to amend the decision of the court of appeal and/or the decision of the first instance;
f) to admit the appeal, to quash the decision of the court of appeal and to uphold the decision of the first instance;
g) to admit the appeal, to quash the decision of the court of appeal, with the pronouncement of a ruling to return the appeal request if the grounds provided for in art.369 exist.
(11) If the appeal is admitted under art.432 paragraph (1) letter e), the panel may issue an interlocutory ruling, which it shall send to the judicial inspection.
(2) The quashed judgment or decision shall have no legal force. The security or enforcement acts made on the basis of such a judgment or decision shall lose their legal force unless the court of appeal orders otherwise.
(21) – abrogat.
(3) Following the examination of the appeal, the court of appeal shall issue a decision that shall remain irrevocable from the moment of issuance. The decision shall be deemed to have been issued from the moment of its posting on the website of the Supreme Court of Justice.
(4) A copy of the decision of the court of appeal shall be sent to the parties within 5 days from the date of issuance.
(5) – repealed.
Article 4451. Termination of the appeal procedure
The court of appeal shall order, by a ruling that is not subject to any appeal, the termination of the appeal procedure, ex officio or upon request, if, after declaring the appeal admissible, one of the grounds provided for in art. 433 is found to exist.