Denial of case transfer (strămutare) due to prior suspension of proceedings under Art. 40(2) CPC

The High Court of Cassation and Justice dismissed the petition filed by a limited liability company requesting the transfer of a civil case from the Timișoara Court of Appeal, leaving the original jurisdiction in force and the decision final without appeal. The dispute concerned a procedural motion for the removal of the case (strămutare) due to alleged jurisdictional or impartiality issues, which the public prosecutor opposed during the hearing. The court’s decision was grounded in the finding that the referenced case had been suspended pursuant to Article 40, paragraph (2) of the Code of Civil Procedure, rendering the request for transfer inadmissible or unfounded under the procedural rules governing such motions.