Recurs. Nulitatea căii de atac pentru depunerea la altă instanţă decât cea care a pronunţat hotărârea după recalificarea căii de atac. Încadrarea motivelor de recurs

Second Appeal Nullity of the challenge for filing with a court other than the court which delivered the judgment after reclassification of the challenge. Framing of the grounds of second appeal

Abstract

The means of challenge indicated by the merits court (the appeal) was correctly lodged with the M. Court, subsequently being reclassified by the court of judicial review as a second appeal, subject to Article 457(4) of the Civil Procedure Code. The appellate court granted a time limit for the filing of the second appeal, without it being necessary to file it with the merits court, in order for the latter to submit it to the higher court and give rise to possible dysfunctions in the registration and assignment of the appeal.

The failure of the merits court to rule on a plea relating to the exercise of the action does not fall...