1. **Subject Matter of the Dispute:** Challenging the inaction of the High Qualification Commission of Notaries (HQCN) regarding the failure to adopt a decision on the issuance of a Certificate of the Right to Practice Notarial Activities following the candidate’s successful completion of the qualification examination.
2. **Arguments of the Court:**
* The Court established that the legal relations arising during the examination held on June 15, 2023, must be governed by the provisions of the Procedure in force at that specific time, rather than the amendments that entered into force on June 20, 2023.
* The Commission had no right to apply new procedural rules (specifically, the requirement to await a report from the system administrator) to an examination that had already been effectively completed by the candidate.
* The Court emphasized that announcing an indefinite recess in the session due to assumptions regarding possible interference with the system’s operation does not exempt the Commission from its duty to follow the procedure for documenting examination results.
* The HQCN failed to provide the Court with evidence confirming individual interference by the plaintiff herself in the system’s operation, and general references to criminal proceedings do not constitute grounds for creating legal uncertainty for a candidate.
* The Court underscored that the Commission was obligated to adopt a decision based on the existing examination results, rather than making them contingent upon the results of an ongoing investigation.
* The Court further noted that the involvement of the State Enterprise “National Information Systems” (SE “NAIS”) as a third party is not mandatory, as the court decision concerns only the relationship between the candidate and the Commission, and does not affect the rights or obligations of the enterprise itself.
3. **Court Decision:** The Supreme Court dismissed the cassation appeal filed by the HQCN and upheld the decisions of the lower courts, which had partially satisfied the claim and obligated the Commission to adopt a decision regarding the issuance of the certificate.
**Note:** In this ruling, the Supreme Court refers to its own position established in the judgment of September 15, 2026, in case No. 320/45898/23, affirming the consistency of judicial practice regarding the impossibility of applying new procedural amendments to already completed qualification examinations.
