Civil Litigation in Romania for Foreign Clients

Q: If I win, who enforces the judgment in Romania?

Civil enforcement steps are carried out by bailiffs (executori judecătorești) within the legal framework of Legea nr. 188/2000, and enforcement route/costs are case-specific.

Scope note (important): This is a general, practical orientation based on publicly available legal sources and official portals. It is not legal advice for your specific matter, and it is not tax advice. For any tax consequences or cross-border reporting, treat references here as high-level and seek specialist advice.

Internal link: For more articles and practical notes, see Blog avocat.

Who this guide is for (and what “civil/commercial litigation” includes)

This guide is written for individuals and companies located outside Romania who (1) received Romanian court papers, (2) consider suing a Romanian counterparty, or (3) need to enforce a claim in Romania. “Civil/commercial” here typically includes payment claims, contract disputes, damages claims, shareholder or company-related disputes, professional liability, and many property-related disputes (with some categories governed by special procedures). The exact route depends on the claim, value, and subject matter; Romanian procedural rules are consolidated in the Code of Civil Procedure (official text available via the Portal Legislativ / legislatie.just.ro: Codul de procedură civilă (Legea nr. 134/2010).

Where EU cross-border elements exist (service of documents, taking evidence across borders), two key EU Regulations apply: Regulation (EU) 2020/1784 on service of documents (EUR-Lex ELI) and Regulation (EU) 2020/1783 on taking evidence (EUR-Lex ELI). The European e-Justice Portal hosts practical “atlas” pages and forms for both topics (Serving documents (recast); Taking evidence (recast)).

At-a-glance roadmap (from “received papers” to enforcement)

Receiving court papers (claim form / payment order / summons / other): the date and method of service matter for deadlines.
Checking the deadline to react: in many ordinary civil cases, the court sets a deadline for the statement of defence; a commonly cited general deadline is 25 days from service in the standard procedure (see Art. 201 references below).
Organising documents and strategy: defences, jurisdiction objections, evidence, witnesses, experts.
Court fees (stamp duty) and proof of payment: many claims require payment upfront, under O.U.G. 80/2013 (Portal Legislativ – O.U.G. nr. 80/2013).
First instance proceedings: hearings, evidence administration, written submissions, judgment.
Appeals (and sometimes a second appeal on points of law): appeal is typically 30 days from service of the judgment unless the law provides otherwise (Art. 468: Cod procedură civilă – Art. 468 (JURIDICE.ro)).
Enforcement (if you have an enforceable title and voluntary payment does not happen): enforcement is carried out by bailiffs/executori judecătorești under the bailiffs’ law framework (Legea nr. 188/2000).

Checklist: the first 7 days after you receive Romanian court papers

This checklist is designed to reduce the risk of missing a deadline or losing procedural options early. Always read the served documents carefully and confirm the exact deadline stated by the court in your papers.

Secure the envelope + proof of service: keep the envelope, receipt, and any service report; deadlines often run from service (see appeal timing example in Art. 468: Art. 468 (LegeAZ)).
Identify the procedure type: ordinary claim vs payment order vs interim measures vs enforcement-related filings; procedure changes deadlines and evidence timing.
Calendar the reaction deadline (and create internal reminders): in ordinary procedure, the statement of defence deadline is commonly 25 days from service (Art. 201 references: Art. 201 (JURIDICE.ro); additional excerpt indicating flexibility when the defendant is abroad: Art. 201 excerpt (legislatie.info)).
Confirm court + case number + parties: verify names, addresses, and whether service looks valid; errors can matter for objections.
Collect the “core pack” of evidence: contract(s), amendments, invoices, delivery notes, correspondence, payment proofs, board resolutions, shipping logs, and any dispute notice letters.
Decide on language and translations: plan certified translations for key documents; if documents come from abroad, verify whether apostille/legalisation is required (Apostille Convention status and general framework: HCCH Apostille status table).
Choose representation + mandate: if you appoint Romanian counsel, prepare a power of attorney and discuss how you will sign/approve filings from abroad (law on the legal profession: Legea nr. 51/1995).

If you do only one thing in week one: capture proof of service, calendar the deadline stated by the court, and start compiling the evidence pack for your defence/claim.

How to identify the right Romanian court (jurisdiction) in practice

Romanian cases are allocated based on material jurisdiction (subject matter/value) and territorial jurisdiction (location rules). A frequent practical divider is whether the claim is up to a statutory threshold (commonly cited as up to RON 200,000 for many value-based claims), which often places the case at the district court level (judecătorie) (Art. 94 includes the “up to 200,000 lei” rule: Art. 94 (JURIDICE.ro)). Where the claim is not allocated elsewhere, tribunals judge in first instance (Art. 95: Art. 95 (LegeAZ)).

For foreign clients, jurisdiction issues often arise in two scenarios: (1) you are sued in Romania and you think another court/country should hear the case (forum clause, arbitration, EU jurisdiction rules), or (2) you sue in Romania but need to choose among possible venues. Because jurisdiction can be case-defining, treat it as a “day 1” topic and confirm the specific rule set that applies (Romanian internal rules + any applicable international/EU instruments). The consolidated official procedural code is available here: Cod procedură civilă (Portal Legislativ).

Practical example (no real names)

A German supplier claims RON 350,000 in unpaid invoices against a Romanian distributor and sues in Romania. Value-based jurisdiction may point away from judecătorie (because it exceeds the “up to 200,000 lei” bracket in Art. 94) and toward tribunal as first instance (Art. 94/95 references: Art. 94; Art. 95). Territorial rules then determine which tribunal, typically linked to defendant’s seat or contract performance rules (you must verify the specific rule for your claim type in the procedural code: Cod procedură civilă).

Cum funcționează instanțele și căile de atac în România (pe scurt)

Romania has four main court levels relevant for civil/commercial cases: first instance courts (judecătorii), tribunals (tribunale), courts of appeal (curți de apel), and the High Court of Cassation and Justice (Înalta Curte de Casație și Justiție). In typical civil matters, appeals against first instance decisions of judecătorii are decided by tribunals, and higher appeals can go to courts of appeal or the High Court depending on the case and legal route; a CEPEJ country fiche used in EU justice monitoring describes this structure and notes the distinction between a first appeal on the merits and a second appeal on points of law (“recurs”) (CEPEJ Romania country fiche (2022 data)).

In practice, you should focus on three things: (1) where your case starts (first instance), (2) which remedy is available (appeal/recurs) and on what grounds, and (3) the time limit and how it runs (often from service of the decision). For example, the general appeal time limit is described as 30 days from service unless the law provides otherwise (Art. 468: Art. 468 (JURIDICE.ro); corroborating text: Art. 468 (LegeAZ)).

Key takeaway for foreign clients

Because deadlines are often tied to service/communication (not “when you first opened the email”), cross-border service logistics can be outcome-determinative. If the case involves EU Member States, consult the official EU rule set and national contact points via the e-Justice Portal for service of documents (recast) (e-Justice: Serving documents (recast)) and the legal text of Regulation (EU) 2020/1784 (EUR-Lex ELI: 2020/1784).

Termene, taxe, cheltuieli de judecată și durata realistă a unui dosar

This section gives you a budgeting-and-planning frame: deadlines (what can happen quickly), court fees (stamp duties), other litigation costs, and realistic timing drivers. Always verify the exact procedural deadline stated in your court papers, and cross-check the legal basis where needed.

1) Deadlines: what tends to be “fast”

Statement of defence (întâmpinare) in ordinary procedure: A commonly cited general rule is that the defendant must file a statement of defence within 25 days from service of the claim, with related steps for reply and scheduling (Art. 201 references: Art. 201 (JURIDICE.ro)). A published excerpt of Art. 201 also notes that if the defendant is domiciled abroad, the judge sets a longer reasonable term depending on circumstances (Art. 201 excerpt mentioning defendants abroad). The official consolidated code is available via Portal Legislativ (Cod procedură civilă).

Appeal (apel): A general rule described for appeal is 30 days from service of the judgment unless the law provides otherwise (Art. 468: Art. 468 (JURIDICE.ro)).

Delay complaint (contestația privind tergiversarea procesului): Romanian procedure includes a mechanism aimed at addressing undue delays; an official court-published extract (Tribunalul București) shows provisions starting at Art. 522 (including the idea of invoking the right to have the case resolved within an optimal and predictable timeframe) (Tribunalul București PDF extract – contestația privind tergiversarea procesului). Use this only with case-specific legal assessment.

2) Court fees (stamp duties) under O.U.G. 80/2013: what to expect

Most civil/commercial court claims are subject to a court fee (taxă judiciară de timbru) determined under O.U.G. 80/2013 (Portal Legislativ – O.U.G. nr. 80/2013). The fee can depend on whether the claim is monetary and on its value; Art. 3(1) provides a progressive schedule for monetary claims (O.U.G. 80/2013 – Art. 3(1) in official text).

Claim value (RON)	Illustrative rule (Art. 3(1) O.U.G. 80/2013)
Up to 500	8%, but not less than 20 RON
501–5,000	40 RON + 7% of what exceeds 500
5,001–25,000	355 RON + 5% of what exceeds 5,000
25,001–50,000	1,355 RON + 3% of what exceeds 25,000
50,001–250,000	2,105 RON + 2% of what exceeds 50,000
Over 250,000	6,105 RON + 1% of what exceeds 250,000

Worked example (how the number is computed): Suppose you sue for RON 80,000. Under the 50,001–250,000 bracket, the formula is 2,105 RON + 2% × (80,000 − 50,000) = 2,105 + 0.02 × 30,000 = 2,105 + 600 = 2,705 RON (formula source: Art. 3(1) O.U.G. 80/2013: Portal Legislativ – O.U.G. 80/2013).

Important: O.U.G. 80/2013 includes many special fees and exceptions depending on claim type (not just monetary claims). Always confirm the exact fee for your specific action in the ordinance text (O.U.G. 80/2013 (official)).

3) Litigation costs beyond court fees: what foreign clients usually budget for

Lawyer fees: negotiated; for Romanian legal profession framework see Legea nr. 51/1995 (Portal Legislativ – Legea nr. 51/1995).
Translations: certified translations can be substantial in document-heavy disputes; plan early and prioritise key exhibits.
Expert evidence: technical/accounting experts can be requested; costs depend on scope and court practice (verify case-specific rules in the procedural code: Cod procedură civilă).
Travel and hearing attendance: often avoidable with good planning, but sometimes strategic attendance is helpful (see the remote participation section below).
Enforcement costs: if you reach enforcement, bailiff steps are performed within the bailiffs’ legal framework (Legea nr. 188/2000: Portal Legislativ – Legea nr. 188/2000).

4) “Realistic duration”: what you can and cannot predict from abroad

No honest guide can guarantee a duration in months for your specific case, because timing is driven by service issues, jurisdiction fights, evidence volume, expert reports, adjournments, and appeal choices. What you can do is (1) map critical milestones and (2) reduce preventable delays (late translations, missing originals, unclear mandates, incomplete fee payments). For a high-level comparative view of justice system efficiency indicators across EU Member States, the European Commission publishes the EU Justice Scoreboard (EU Justice Scoreboard page) and a 2025 report template PDF describing indicators such as disposition time in civil and commercial litigious cases (EU Justice Scoreboard 2025 PDF).

Practical planning rule: Build your timeline around (a) service date + defence deadline, (b) first hearing scheduling, (c) evidence and expert phases, (d) judgment drafting/service, and (e) appeal windows (e.g., 30 days for appeal in the general rule stated in Art. 468: Art. 468).

How to participate from abroad: mandates, communications, translations, videoconference (orientation)

This section focuses on practical “distance participation” tools: how you sign and empower counsel, how you receive/send documents reliably, and how cross-border evidence may be taken by videoconference in EU settings. Some options depend on court discretion and the specifics of your procedure, so treat this as a planning map, not a guarantee.

1) Mandates and powers of attorney: what to prepare

If you instruct Romanian counsel, you will typically need a written mandate (power of attorney) consistent with Romanian rules for legal representation; the legal profession is regulated by Legea nr. 51/1995 (official text: Portal Legislativ – Legea nr. 51/1995). From abroad, the friction points are usually (a) who signs for the company, (b) whether corporate documents proving authority are needed, and (c) whether your documents need apostille/legalisation.

Apostille/legalisation (high-level orientation): If a document is issued in one country and used officially in another, you may need an apostille (if both are in the 1961 Apostille Convention) or a different legalisation route (if not). To verify whether your issuing country and Romania are covered, use the official HCCH status table for the Apostille Convention (HCCH Apostille Convention – status table).

2) Communications and service of documents when you are abroad

If you are domiciled/registered abroad, service can become the pacing item of the case. Within the EU, the service of judicial and extrajudicial documents in civil or commercial matters is governed by Regulation (EU) 2020/1784 (recast) (EUR-Lex ELI: 2020/1784), and the e-Justice Portal provides practical national information and online forms (e-Justice: Serving documents (recast)). Outside the EU, Hague instruments may be relevant, including the 1965 Service Convention; you can check participation through the HCCH Service Convention status table (HCCH Service Convention – status table) and the HCCH service section overview (HCCH Service Section).

Action point: Ask your counsel to confirm how the court will serve you and whether you can designate an address for service in Romania (where lawful and appropriate) to reduce delays; do not assume email is sufficient unless your specific procedure and court accept it.

3) Translations: plan for “court-ready” documents, not just internal understanding

Courts generally need submissions and key exhibits in Romanian, and you may need certified translations for foreign-language documents, especially when the other party contests authenticity or meaning. Translation strategy is usually about prioritisation: translate what is essential for liability, quantum, and key defences first; keep less critical material as “on standby” until the court asks or the dispute narrows.

Cross-border document authenticity: If you rely on foreign public documents (company registry extracts, notarised powers, certificates), check apostille requirements using the official HCCH status table (HCCH Apostille status table) and keep originals available for inspection when needed.

4) Videoconference and taking evidence from abroad (orientation)

There is no universal “right to a remote hearing in every Romanian civil case,” and availability can be procedure- and court-dependent. However, in cross-border EU contexts, taking evidence by videoconference is explicitly part of the EU cooperation toolkit under the recast Taking of Evidence framework, with practical guidance on the European e-Justice Portal (e-Justice: Taking evidence (recast)) and additional “recast” explanations noting mechanisms and options (including videoconference context) on e-Justice pages (e-Justice webgate: Taking evidence (recast)). The legal text is Regulation (EU) 2020/1783 (EUR-Lex ELI: 2020/1783).

Practical approach: Treat videoconference as a request you build around: (a) why in-person attendance is disproportionate, (b) how identity will be verified, (c) how interpretation will be handled (if needed), and (d) how documents will be shared securely. Expect the court to prioritise procedural fairness and the ability to administer evidence properly.

Internal link: Additional practical notes may be published periodically on Blog avocat.

Mini-glossary (plain English explanations of Romanian procedure terms)

Întâmpinare (statement of defence): the defendant’s formal response to the claim, typically filed within the deadline set after service; often linked to Art. 201 mechanics (Art. 201 reference).
Răspuns la întâmpinare (reply to defence): the claimant’s reply to the defence in procedures where this step exists; see Art. 201 structure references (Art. 201 (LegeAZ)).
Apel (appeal): a remedy usually allowing re-examination of the case on merits; general time limit described as 30 days from service unless otherwise provided (Art. 468: Art. 468).
Recurs (second appeal on points of law): a higher-level remedy in certain cases focused on legality, referenced as a distinct “appeal on the law” in CEPEJ descriptions (CEPEJ Romania fiche).
Taxă judiciară de timbru (court stamp duty): the court fee for filing certain claims, regulated by O.U.G. 80/2013 (O.U.G. 80/2013 (official)).
Executor judecătoresc (bailiff/enforcement officer): the professional who carries out civil enforcement steps under Legea nr. 188/2000 (Legea nr. 188/2000).
Executare silită (enforcement): formal enforcement when a debtor does not comply voluntarily; performed within the bailiff/enforcement framework (see Legea nr. 188/2000: official text).
Contestația privind tergiversarea procesului (delay complaint): a procedural instrument to address undue delay; see court-published extract starting at Art. 522 (Tribunalul București PDF extract).

Common pitfalls for foreign clients (and how to avoid them)

Missing the true deadline trigger: deadlines often run from “service/communication” of a document, not from when it reaches your internal legal team; keep proof of service and act immediately (appeal timing concept: Art. 468).
Underestimating translations: late translations can block a timely defence; plan a translation triage from day 1 and confirm apostille needs (Apostille status table: HCCH).
Ignoring jurisdiction/arbitration clauses: you may lose the chance to raise objections if you engage on merits without proper procedural steps; confirm strategy early using the procedural framework (official code link: Cod procedură civilă).
Paying incorrect court fees: incorrect payment can cause procedural issues; verify the exact fee under O.U.G. 80/2013 and the specific claim type (official ordinance: O.U.G. 80/2013).
Overpromising on remote hearings: videoconference may be possible in cross-border evidence contexts, but it is not a blanket entitlement; build a structured request and consult e-Justice guidance for EU cooperation tools (Taking evidence (recast)).

Frequently asked questions (Întrebări frecvente)

1) I received Romanian court papers abroad—what is the first deadline I should look for?

Look for the deadline to file your statement of defence (întâmpinare) or the deadline to respond under the specific procedure mentioned in your papers. In the ordinary civil procedure, a commonly cited general deadline is 25 days from service (Art. 201 references: Art. 201), and an excerpt indicates the court can set a longer reasonable term when the defendant is abroad (Art. 201 excerpt).

2) How do I know whether the case is at a district court (judecătorie) or tribunal?

It depends on subject matter and value. Art. 94 includes a value-based allocation rule for many claims “up to 200,000 lei” (see Art. 94 text: Art. 94), while Art. 95 states tribunals judge in first instance matters not allocated elsewhere (see: Art. 95).

3) What is the appeal deadline in Romania?

A general rule described for appeal (apel) is 30 days from service of the judgment unless the law provides otherwise (Art. 468: Art. 468).

4) How are court fees calculated for a money claim?

For many monetary claims, O.U.G. 80/2013 Art. 3(1) provides a progressive schedule (official text: O.U.G. 80/2013). Example: for RON 80,000, the fee is computed as 2,105 + 2% × (80,000 − 50,000) = 2,705 RON, using the bracket formula stated in Art. 3(1) (source).

5) Can I participate remotely by videoconference?

It depends on the court and procedure; there is no universal guarantee for all civil cases. For cross-border evidence within the EU, videoconference is part of the EU cooperation toolkit under the recast Taking of Evidence framework; see the e-Justice Portal guidance (Taking evidence (recast)) and the legal text (Regulation (EU) 2020/1783: EUR-Lex).

6) How are documents served across EU borders in civil cases?

Within the EU, service in civil/commercial matters is governed by Regulation (EU) 2020/1784 (recast) (EUR-Lex), and the e-Justice Portal provides national information and online forms (e-Justice: Serving documents (recast)).

7) Do I need an apostille for corporate documents or powers of attorney?

Often, cross-border use of public documents triggers apostille/legalisation questions. Whether apostille applies depends on whether both countries are parties to the 1961 Apostille Convention. Verify your specific country pairing via the official HCCH status table (HCCH Apostille status table).

8) If I win, who enforces the judgment in Romania?

Civil enforcement steps are carried out by bailiffs/executori judecătorești within the legal framework for bailiffs (Legea nr. 188/2000: Portal Legislativ – Legea nr. 188/2000). The enforcement route and costs are case-specific.

9) What can I do if the case is unreasonably delayed?

Romanian procedure includes a delay complaint mechanism (contestația privind tergiversarea procesului). An official extract published by Tribunalul București presents the legal provisions beginning at Art. 522 (Tribunalul București PDF extract). Whether it is appropriate in your case requires legal assessment.