Post by account_disabled on Dec 28, 2023 4:06:04 GMT 1
ACassation and Justice to render a decision by which to give a solution in principle to the question of law with which it was referred. . In the jurisprudence of the supreme court formed in the application of the previously cited norm the admissibility conditions for triggering the referral procedure in order to issue a preliminary ruling were identified and analyzed conditions that must be met cumulatively as follows the existence of a pending case.
The court that refers the High Court of Cassation Country Email List and Justice to judge the case in the last instance the case that is the subject of the judgment is within the legal jurisdiction of a panel of the High Court of Cassation and Justice the court of appeal or the tribunal entrusted to resolve the case the substantive resolution of the pending case depends on the legal issue whose clarification is requested the question of law whose clarification is requested to be new the question of law has not been the subject of the judgment of the High Court of Cassation and Justice and is not the subject of an appeal in the interest of the law pending resolution.
Proceeding to the analysis of the admissibility of the referral the following is noted . With regard to the first question it is not a true question of law to be analyzed through the prism of the conditions of admissibility provided by art. of the Civil Procedure Code. Thus although the question is to art. of Law no. republished by Law no. on the application of art. para. of the same law a simple argument related to the legislative technique which seeks to fix the content of art. para. in the form of art. from the date of entry into force of Law no. . However even the eventual acceptance of the argument.
The court that refers the High Court of Cassation Country Email List and Justice to judge the case in the last instance the case that is the subject of the judgment is within the legal jurisdiction of a panel of the High Court of Cassation and Justice the court of appeal or the tribunal entrusted to resolve the case the substantive resolution of the pending case depends on the legal issue whose clarification is requested the question of law whose clarification is requested to be new the question of law has not been the subject of the judgment of the High Court of Cassation and Justice and is not the subject of an appeal in the interest of the law pending resolution.
Proceeding to the analysis of the admissibility of the referral the following is noted . With regard to the first question it is not a true question of law to be analyzed through the prism of the conditions of admissibility provided by art. of the Civil Procedure Code. Thus although the question is to art. of Law no. republished by Law no. on the application of art. para. of the same law a simple argument related to the legislative technique which seeks to fix the content of art. para. in the form of art. from the date of entry into force of Law no. . However even the eventual acceptance of the argument.