Partial early pension recalculation query inadmissible for preliminary ruling

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 Galaţi Court of Appeal (Labour and Social Insurance Section) in case no. 1616/113/2022, thereby declining to issue a preliminary ruling on whether a person receiving a partial early pension under art. 65(1) and (4) of Law no. 263/2010 on the unified public pension system could request recalculation of the anticipation months if art. 65(5) was later amended, or could apply for partial early pension under the amended art. 65(1) and (5). The dispute concerned the interpretation of pension legislation, specifically the conditions for partial early retirement on grounds of a reduced number of contribution months. The court held the referral inadmissible, likely because the question did not meet the statutory criteria for a preliminary ruling (e.g., it was not a genuine question of law requiring uniform interpretation, was not new, or did not arise in a pending case in a way that satisfied the admissibility conditions under art. 519 of the Civil Procedure Code). The decision is binding under art. 521(3) of the Civil Procedure Code, and the underlying case remains pending before the referring court.