Commentary on Order No. 23307 of 2024: Clarity on Time Limits for Cassation Appeals

The recent Order of the Court of Cassation No. 23307 of August 29, 2024, offers an important opportunity for reflection on the time limits for appealing judgments issued by the Superior Court of Public Waters (TSAP). In particular, the Court has established that the forty-five-day period for filing a cassation appeal runs from the communication of the operative part of the judgment, thus clarifying some still controversial points on the matter.

Regulatory Context and Factual Basis

The central issue concerns Article 202, paragraph 1, of the Consolidated Act on Waters, which refers to the rules of the Code of Civil Procedure regarding cassation appeals. However, the Court has excluded the need for the appellant to serve the entire judgment, deeming the communication of the operative part by the court clerk sufficient.

• Commencement of the 45-day period from the communication of the operative part.
• Notification of the entire judgment is not required.
• Reference to the rules of the Code of Civil Procedure in the absence of specific provisions.

Cassation appeal - Time limit for appeal - Commencement from the communication of the operative part by the court clerk - Reference to the rules of the Code of Civil Procedure pursuant to art. 202, paragraph 1, Consolidated Act on Waters - Service, by the party, of the entire judgment - Necessity - Exclusion - Basis - Factual situation. The forty-five-day period for filing a cassation appeal against judgments issued in appeal by the TSAP commences from the communication (by whatever means) of the full text of the operative part. The non-receptive nature of the reference to the rules concerning cassation appeals of the previous Code of Civil Procedure, made by art. 202, paragraph 1, of the Consolidated Act on Waters, does not lead to a different conclusion (regarding the necessity of service of the entire judgment by the party), as such reference is to be considered applicable solely in the absence of specific provisions (such as that set out, regarding the time limit for the aforementioned appeal, by art. 202, paragraph 4, of the Consolidated Act on Waters). (In this case, the Supreme Court declared the appeal inadmissible against the TSAP judgment, as it was served beyond the 45-day period from the date of its electronic notification by the court clerk).

Practical Implications for Industry Professionals

This Order has significant implications for lawyers and professionals operating in the field of water law and related disputes. The clarity provided by the Court of Cassation on the commencement date for cassation appeals is crucial to avoid inadmissibility and to ensure proper management of deadlines in legal proceedings.

Conclusions

In conclusion, Order No. 23307 of 2024 represents a step forward in defining the rules regarding the time limits for appealing TSAP judgments. The distinction between the communication of the operative part and the service of the entire judgment clarifies the responsibilities of the parties and helps prevent procedural errors. Lawyers should pay particular attention to these indications to ensure compliance with deadlines and the effectiveness of their legal actions.