The use of art. 700 of the Code of Civil Procedure is not valid to prevent dismissal of the appeal. The judgment of the month.
The dismissal must be challenged “out of court” (by simple letter / written communication) within 60 days. Within the next 180 days to bring an appeal, it must be deposited to the Labour Court according to the procedure in art. 1, paragraph 48 of Law 92/2012 (Rito Fornero)
Failure to submit the appeal within the above time frame, negates the effectiveness of the appeal and the dismissal becomes final, with no possibility for the worker to obtain the verification of possible illegality.
With recent ruling no. 14390 of 14 July 2016, the Supreme Court ruled on a more specific question: in order to maintain an effective appeal to the court against the firing, it’s also possible to apply to submit an urgent appeal pursuant to art. 700 Code of Civil Procedure, or if it is necessary to bring the action under the new special procedure.
The Supreme Court concluded that the substantial difference between the two procedures (Rito Fornero and urgent appeal art. 700 Code of Civil Procedure) suggests that the legislature intended to refer only to the application of the special procedure art. 1, paragraphs 48 et seq. Of Law No. 92/2012.