Preliminary ruling referral on protection orders against legally incapacitated persons inadmissible.

The High Court of Cassation and Justice (Înalta Curte de Casaţie şi Justiţie), sitting as a panel for the preliminary ruling on questions of law, dismissed as inadmissible the referral from the Brăila Tribunal (Civil Section I) in Case No. 374/196/2026, thereby refusing to answer the two questions posed regarding the interpretation of Article 12(1) of Law No. 26/2024 on protection orders. The referral sought to clarify whether the phrase "from another person" in that provision could include persons subject to the guardianship measure of special tutelage (i.e., persons lacking legal capacity), and, if so, under what conditions a protection order could be issued against such a person; because the referral was declared inadmissible, no substantive guidance was given and the lower court's query stands unresolved. The decision was rendered mandatory under Article 521(3) of the Civil Procedure Code, meaning the ruling binds future courts on the admissibility point only. The legal basis for the dismissal lies in the procedural rules governing the preliminary ruling mechanism, specifically the requirement that a referral must meet admissibility criteria before the court can address the merits of the interpretive questions.