Positive Effect of Res Judicata Referrals Rejected as Inadmissible for Failing Statutory Conditions

The High Court of Cassation and Justice (Înalta Curte de Casaţie şi Justiţie), sitting as a panel for the resolution of legal questions, rejected as inadmissible the joined referrals from the Craiova Court of Appeal (labour and social insurance section) seeking a preliminary ruling on whether invoking the positive effect of res judicata under Article 431(2) of the Civil Procedure Code requires the condition of identity of parties. The referrals were dismissed as inadmissible, with the decision being binding pursuant to Article 521(3) of the Civil Procedure Code; thus, no substantive ruling was issued on the legal question raised. The dispute involved proceedings in two cases concerning labour and social insurance matters, where the referring court questioned the scope of the positive effect of res judicata—specifically, whether party identity is a prerequisite for its application. The court's decision was based on procedural inadmissibility grounds, concluding that the referrals did not meet the statutory conditions for a preliminary ruling, leaving the underlying appellate proceedings to continue without a definitive interpretation of the legal issue.