Litigation in Romania, Lexology Navigator, December 2018

Which domestic laws and regulations govern the recognition and enforcement of foreign judgments in your jurisdiction?

The recognition and enforcement of foreign judgments in Romania are governed by:

• Book VII, Title III of the Civil Procedure Code (Law 134/2010), which was published in the Ofcial Gazette (Part I, 545) on 3 August 2012 and entered into force on 15 February 2013 (replacing the Civil Procedure Code 1865);
• the Emergency Ordinance on Certain Measures Necessary for the Application of Certain European Regulations as of the date of Romania’s Accession to the European Union (119/2006), which was published in the
• (Part I, 1036 ) on 28 December 2006; and
• certain provisions of Book VII of the Civil Code (Law 287/2009), which was published in the
• (Part I, 211) on 24 July 2009 and entered into force on 1 October 2011.

Which international conventions and bilateral treaties relating to the recognition and enforcement of judgments apply in your jurisdiction?

Romania is a party to the following international treaties and conventions relating to the recognition and enforcement of judgments, among others:

• the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, which was signed by the European Union, Denmark, Iceland, Norway and Switzerland on 30 October 2007 and entered into force on 1 January 2010;
• the Hague Convention on Civil Procedure, concluded on 1 March 1954, which relates to the communication of judicial and extrajudicial documents and requests to obtain evidence or for the performance of other judicial acts, among other things;
• the Hague Convention on the Choice of Court Agreements, concluded on 30 June 2005; and
• the Geneva Convention on the Contract for the International Carriage of Goods by Road, concluded on 19 May 1956.

In addition, Romania has concluded approximatively 17 bilateral treaties on the recognition and enforcement of judgments with other countries, including Albany, Algeria, Russia, China and Cuba.

Aside from international treaties and conventions, various EU regulations regarding the enforcement of foreign judgements apply in Romania, including:

• the EU Brussels Ibis Regulation (1215/2012);
• the EU Brussels II Regulation (2201/2003) of 27 November 2003;
• the EU Regulation on Jurisdiction, Applicable Law, the Recognition and Enforcement of Decisions and Cooperation in Matters relating to Maintenance Obligations (4/2009) of 18 December 2008;
• the EU Regulation on Jurisdiction, Applicable Law, the Recognition and Enforcement of Decisions and the Acceptance and Enforcement of Authentic Instruments in Matters of Succession and on the Creation of a European Certifcate of Succession (650/2012) of 4 July 2012;
• and the EU Enforcement Order for Uncontested Claims Regulation (805/2004) of 21 April 2004.