Reference for preliminary ruling: temporal reference point for "identical conditions of function, seniority, and grade" in judicial retirement benefits under Law No. 303/2004

The High Court of Cassation and Justice dismissed as inadmissible the reference for a preliminary ruling submitted by the Iași Court of Appeal, thereby denying the requesting tribunal’s request for a definitive interpretation and leaving the original proceedings to continue under the applicable general procedural rules. The dispute concerned a procedural question under Law No. 303/2004 regarding the calculation of retirement benefits for judges, specifically whether the legal requirement of “identical conditions of function, seniority, and grade” under Article 85(2) must be assessed based on the judge’s status at the time of the initial pension decision or in the final month of active service prior to retirement. The decisive legal basis for the dismissal is the procedural admissibility framework governing references for the unification of law, evaluated in accordance with Article 521(3) of the Code of Civil Procedure, which mandates the specific handling of such referrals when they fail to meet the requisite criteria for the complete bench to issue a binding preliminary decision.