Except for sectoral collective claims detailed below where the law expressly provides that a specific entity is granted legal standing for certain claims, there are no specific rules for bringing claims under procedures outlined under questions 1 and 2. General procedural rules will apply for the other opt-in mechanisms described under question 1. For example, the claims must have a common cause or be closely linked; depending on the number of claimants or defendants the court may ask that one representative is named; opt-in actions filed through a representative (i.e., lawyer, association) will need to be based on a valid mandate of representation.
3.1 Consumer protection law
For opt-out class actions brought under consumer protection law, only the qualified entities provided by the law have legal standing to bring the respective claims.
Damage claims will be based on an opt-in mechanism and subject to the general procedural requirements detailed above.
3.2. Human rights law
The comments under item 3.1. above apply for claims brought under human rights law.
3.3. Insolvency law
Besides the judicial administrator or liquidator empowered to bring a claim for annulment on behalf of creditors in the insolvency procedure (as detailed under item 2.3), the creditor’s committee, as well as the creditor owning 50% of the receivables, also have the right to bring such a claim if the judicial administrator or liquidator has not already initiated class action proceedings.
3.4. Competition law
Under Romanian competition law, consumer protection associations are granted legal standing to act on behalf of consumers for the purpose of claiming damages caused by the infringement of competition law provisions. In addition, the law provides that professional associations and employer associations (asociatii patronale) can bring claims for damages for breach of competition law on behalf of their members, based on their competences (regulated under the statutory deeds of the association) and the mandate received for this purpose.
Consequently, even where the collective interests of multiple consumers or association members are considered, these types of damages will be representative only for the individual consumers or members of the association (and not for a “class”), which have granted a valid mandate for representation for the purpose of the damages claims.
3.5. Employment law
Pursuant to Romanian employment law, trade unions are entitled to defend the rights of their members protected by employment law, public officer statutes, collective bargaining agreements and individual labour agreements (among others), including before judicial courts, through their own defence representatives or through chosen representatives.
For the purpose of exercising these competences, trade unions have legal standing and the right to bring court claims on behalf of their members based on a representation mandate. The interested member may at any time before completion of court proceedings withdraw from the claim.
These types of claims will be representative only for the individual members of the trade union (not for a “class”), which have granted a valid mandate for representation for the purpose of the relevant claims.
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