Refusal of case transfer due to prior resolution of the underlying dispute

The High Court of Cassation and Justice dismissed the application filed by the petitioner to transfer (strămutare) Case No. 222/231/2012 from the Focșani Court, with no further remedy available. The dispute concerned a procedural motion for the transfer of a civil case from its original jurisdiction. The court rejected the request based on the magistrate’s finding that, according to the court’s computerized evidence program, the referenced case had already been resolved on May 17, 2012, rendering the transfer application moot or procedurally improper; the Prosecutor also requested dismissal. The decisive legal basis was the procedural requirement that a case must be pending to be transferred, with the operative status of the underlying case (already decided) serving as the definitive ground for refusing the extraordinary remedy.