Declination of jurisdiction for civil case transfer request based on legitimate suspicion under Article 142(1) of the New Civil Procedure Code

The High Court of Cassation and Justice declined its competence to adjudicate a request for the transfer of a civil case from the Constanța District Court, ruling that the jurisdictional authority belongs to the Constanța Court of Appeal under Article 142(1) of the New Code of Civil Procedure; the decision is final and admits no appeal. The dispute concerned a procedural motion filed by the plaintiff to transfer case no. 35669/212/2014, which was connected to case no. 1968/212/2014, based on a legitimate suspicion of bias against the lower court. The decisive legal basis is Article 142(1) of the Law on the New Code of Civil Procedure (promulgated by Law no. 134/2010), which mandates that applications for transfer grounded in legitimate suspicion involving district courts or courts of first instance within a given circumscription must be resolved by the respective Court of Appeal, not the High Court of Cassation and Justice.