Hotărâre judecătorească definitivă apreciată ca fiind incompatibilă cu dreptul Uniunii Europene. Cerere de revizuire a unei astfel de hotărâri. Principiile echivalenţei şi efectivităţii. Principiul securităţii juridice

Final judgment held to be incompatible with European Union law. Claim for revision of such a judgment. Principles of equivalence and effectiveness. Principle of legal certainty

Abstract

The ground for revision governed by Article 21 of Law 554/2004 concerns violation of the principle of priority of EU law but this general wording must be correlated with the essential elements of the challenge. Review is, in national law, an extraordinary means of challenge of retraction, and not of reformation, and does not imply judicial review, but seeks to trigger a new trial, based on elements which could not form or did not form the subject matter of the trial which led to the judgment now under appeal.

This challenge could only be admissible if the second appeal court whose decision is...