Admissibility of incidental appeal challenging unappealed portion of appellate judgment

The High Court of Cassation and Justice dismissed as inadmissible the referral of a question of law submitted by the Galați Court of Appeal, leaving the lower court's procedural posture to be resolved without a preliminary ruling from the Supreme level. The dispute concerned the admissibility of an incidental appeal (recurs incident) that sought to challenge a portion of an appellate judgment not attacked by the principal appeal, raising a question of civil procedural interpretation. The decisive legal basis involved the interpretation of Articles 491(1) and 472(1) of the Code of Civil Procedure, which govern the scope of appeals, alongside Article 521(3) concerning the mandatory nature of the decision, resulting in the rejection of the request for a binding legal interpretation on the specific issue of challenging unappealed parts of a judgment via incidental appeal.