Recognition and enforcement of foreign judgments in Romania

Yes, the Civil Procedure Code contains an exequatur procedure applicable to foreign judgments that are enforceable in the state where they were rendered. Exequatur is not available for foreign judgments that are provisional in nature or provide for conservatory measures.

Under Romanian law, the term “foreign judgment” includes contentious and non-contentious jurisdictional acts, notarial acts and acts belonging to any competent authority of a non-member state of the European Union.

The exequatur procedure requires that:

• the foreign judgment became final according to the law of the state of origin;
• the rendering court had competence to rule according to the law of the state of origin, but not based exclusively on the presence under the court’s jurisdiction of the debtor or his goods that have no direct connection with the dispute; and
• there is reciprocity of effects regarding foreign judgments between Romania and the state of origin.

An exequatur will be issued by the tribunal (county court) where the judgment will be enforced.

2.1 Recognition in general civil matters

Articles 1095 to 1102 of the Romanian Civil Procedure Code  apply to the recognition of foreign judgments.

Article 1095 provides that foreign judgments on citizens’ personal status will be automatically recognised, if such foreign judgments refer to the personal status of the citizens of the state where the judgments were rendered or, if rendered in a different state, were recognised first in the citizen’s state (if there is no recognition, the foreign judgments must have been rendered under the applicable law established in accordance with the Romanian private international law, are not contrary to the Romanian private international law and the right of defence was observed).

Article 1.096 provides the conditions when foreign judgments are recognised:

• the judgment is definitive in accordance with the law of the state where it was rendered;
• the court rendering the judgment had jurisdiction, in accordance with the law of the state where the court is located. The jurisdiction cannot be exclusively based on the defendant’s presence or assets without a direct connection with the dispute taking place in the state of the court having jurisdiction;
• there is reciprocity with respects to the effects of foreign judgments between Romania and the state of the court which rendered the judgment.

Further, if the judgment was rendered without the losing party being present, the judgment must ascertain that such party was issued with a timely subpoena for the final hearing, that it received the claim and had the possibility to defend itself and to file an appeal against the judgment

Article 1097 provides the reasons for which recognition can be denied:

• the judgment is manifestly against the Romanian private international law public order (which will be assessed based on the intensity of the connection with Romanian legal system and the seriousness of the consequences);
• the judgment was rendered in an area of law where the parties cannot freely use their rights and it was obtained in order  to avoid the applicable law in accordance with the Romanian private international law;
• the dispute between the same parties was resolved by a judgment (even a first court judgment) by a Romanian law or it is pending before Romanian courts when the foreign court was seized;
• the judgment cannot be reconciled with a prior judgment rendered abroad, which is able to be recognised in Romania;
• Romanian courts had exclusive jurisdiction;
• the judgment can be appealed in the state where it was rendered.

Recognition cannot be refused only because the court rendering the judgment applied a different law than the applicable law under the Romanian private international law, except where the trial had as its subject matter the civil status and capacity of a Romanian citizen and the solution rendered by the court was different than the one under Romanian law.

Article 1098 establishes that foreign judgments cannot be modified or reviewed as to their substance.

Article 1099 addresses which court is competent to handle the recognition procedure – the tribunal where the party refusing the recognition of the foreign judgment is domiciled or headquartered. If such tribunal cannot be established, the Bucharest Tribunal has jurisdiction.

Article 1100 lists the documents required for the recognition procedure:

1. a copy of the judgment;
2. proof of the judgment being final;
3. proof of service in case the debtor was not present; and
4. any other documents in support of meeting the conditions set by Article 1096.   

Article 1101 establishes that the statute of limitation for the forced enforcement will be suspended upon the request for recognition.

Article 1102 states that the court will rule on the request for recognition only after summoning all parties.

2.2 Enforcement in general civil matters

Articles 1103 to 1110 of the Romanian Civil Procedure Code have general applicability on the enforcement procedure of foreign judgments. Thus:

• Article 1103 sets the competent court for the enforcement of foreign judgments – the tribunal where the judgment will be enforced;
• Article 1104 establishes the conditions under which enforcement is granted, which are the same as the conditions set for recognition of the judgment. The judgment needs to be enforceable in accordance of the law of the state where it was rendered. The grounds for denying enforcement are similar to the grounds for denying recognition;
• Article 1105 requires that the request to enforce a foreign judgment requires, in addition to the documents necessary for the recognition, proof of enforceability from the court of origin;
• Article 1106 sets forward that: the court will render a decision only after summoning all parties;  that the enforcement decision can be partial; and that enforcement of a monetary claim in foreign currency will be converted into Romanian national currency at the exchange rate applicable the day the judgment became enforceable in the state of origin;
• Article 1107 establishes that upon the final decision of granting enforcement, the certificate of enforceability will be issued by the court;
• Article 1108 sets the probative value of the foreign judgment;
• Article 1109 reiterates the requirement of reciprocity, this time making reference to tax obligations arising from foreign tax laws;
• Article 1110 establishes that foreign court settlements will have the same effect in Romania as they did in the state of origin.

2.3 Special civil matters

In addition to EU Regulations on specific civil matters, the Romanian Insolvency Code contains provisions for cross-border insolvency which supplement provisions of the Civil Procedure Code.

2.4 Arbitral awards

Articles 1124 to 1133 of the Romanian Civil Procedure Code govern the recognition and enforcement procedure of foreign arbitral awards in Romania.

According to Article 1125, a foreign arbitral award can be recognised and enforced in Romania if the object of the dispute can be subject to arbitration in Romania and if the award does not infringe any provisions of public order of Romanian private international law. Romania is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 and the conditions for recognition under the Civil Procedure Code follow the standard of the New York Convention.

In Romania’s civil law legal system “judicial precedents” are generally not binding on other courts. However, specific kinds of judgments rendered by the High Court of Cassation and Justice and the Constitutional Court can establish mandatory interpretations of specific legal provisions. These mandatory interpretations are binding on all courts from the moment they are published in the Official Gazette.

No. Civil Procedure Code Article 1098, applicable both for the recognition and enforcement procedure, clearly establishes that a Romanian court cannot review a foreign judgment on its merits, nor modify it.

From three months to one year, depending on the type of foreign judgment.

Yes. The opponent has the right to appeal the exequatur within 30 days from the day the exequatur was communicated.