Nulitatea necondiţionată de vătămare a deciziei de apel în cazul trimiterii cauzei spre rejudecare în absenţa unei cereri exprese a uneia dintre părţi
Unconditional invalidity of the appeal decision on grounds of harm in the event of referral of the case for retrial in the absence of an express request by one of the parties

Summary/Abstract: It follows from the constant judicial practice of the High Court of Cassation and Justice that in Article 480 para. (3), second sentence, of the Civil Procedure Code provides for an extrinsic condition for the validity of the decision by which the court of appeal refers the case for retrial, namely the existence of an express request to that effect by at least one of the parties. Failure to comply with this extrinsic condition of validity entails the sanction of unconditional invalidity of the decision handed down on appeal. Therefore, on appeal, the decision of the Court of Appeal will be set aside under Article 488 (1), para. 5 of the Civil Procedure Code.

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