Jurisdictional transfer petition dismissed due to pre-finalization of underlying civil case

The High Court of Cassation and Justice, Civil Section I, dismissed the petition for the transfer of jurisdiction (strămutare) filed by the claimant, ruling that the request was inadmissible without specifying a substantive violation of the right to a fair trial, as the proceedings in the underlying case had already been finalized by the Gorj County Court on September 12, 2014, prior to the September 18, 2014 hearing. The dispute concerned a civil case originally heard by the Gorj County Court, where the claimant sought to move the case to a different competent court due to alleged risks to impartiality, but the court determined that the procedural precondition for transfer was not met because the case was no longer pending or active at the instance requested. The decisive legal basis was the requirement under Romanian procedural law that a petition for transfer of jurisdiction is only admissible if the case is still pending at the court of record and if the risk to the right to a fair trial persists; since the underlying lawsuit was solved, the court lacked the subject matter jurisdiction to entertain the transfer request, rendering the decision final and without appeal.