Denial of transfer of jurisdiction under Art. 40(1)(4) CPC due to statutory requirement of unreasoned orders

The Supreme Court of Cassation and Justice dismissed the request for the transfer of jurisdiction (strămutare) filed by the plaintiff, ruling that the court of first instance proceedings for Case No. x/2008 would remain with the Court of Appeal Galați; the decision is final and not subject to appeal. The dispute concerned a procedural motion by the claimant to move the case to a different judicial body, likely due to grounds of partiality or procedural impediment, challenging the validity of the current forum. The court’s operative decision was based strictly on Article 40(1)(4) of the Civil Procedure Code, which mandates that the ruling on a transfer of jurisdiction be issued without reasoning, thereby closing the procedural pathway for the transfer application.