Încheierea nr. 4060/2013 — Judicial transfer of case file denied due to scheduled hearing date

The High Court of Cassation and Justice dismissed the petition for the transfer of jurisdiction, leaving the case with the Babadag Court. The dispute concerned a procedural request by a party to transfer the file from the Babadag Court to another instance, asserting that the legal service procedure had been fulfilled; however, the court noted that the file had an upcoming hearing scheduled for October 3, 2013, according to the institutional computerized record. The Public Ministry representative argued for dismissal, and the Court ruled that the petition failed, rendering the decision final and without appeal. The decisive legal basis was the procedural requirement for judicial transfer and the administrative necessity of maintaining case continuity ahead of a scheduled hearing, as reflected in the public prosecutor's recommendation and the court’s assessment of the institutional schedule.