Competence to adjudicate a motion for transfer of a case filed under the new Code of Civil Procedure

The High Court of Cassation and Justice declined jurisdiction over a motion for transfer of case files, ruling in favor of the procedural rule that such applications fall under the appellate courts; specifically, the court determined that the transfer request for a civil case filed with the District Court of Slatina must be adjudicated by the Craiova Court of Appeal. The dispute concerned a procedural challenge seeking the transfer of case number 3376/311/2013, initiated after the entry into force of the new Code of Civil Procedure. The decisive legal basis was Article 142(1) of the New Code of Civil Procedure, which establishes that petitions for transfer based on legitimate suspicion are within the competence of the Court of Appeal when the requesting court is a district court or a tribunal within its jurisdiction.