by Vlad Cuc
Per the understanding of the Romanian law, a foreign judgment contains rulings emitted by the Courts, Public Notaries or any other competent authority of a State.
Foreign judgments are fully recognized in Romania, if they refer to the civil statute of citizens of the respective State or, if emitted by a third State, were firstly recognized by the citizen’s State.
Decisions related to trials other than the ones related to the civil statute of citizen can also be recognized in Romania if they cumulatively fulfill the following conditions:
a) The decision is final, per the law of the State where is has been emitted;
b) The emitting Court had been legally competent to decide in the trial;
c) There is reciprocity between the effects of foreign judgments between Romania and the respective State.
The recognition of the foreign judgment can be denied in any of the following cases:
– the judgment is the result of a fraudulent procedure;
– the judgment breaches the Romanian public order or does not respect dispositions referring to the exclusive competence of the Romanian Courts;
– the trial has already been solved through a decision, even not final, of Romanian Courts or are currently being judged by a Romania Court.
The request for recognition can be resolved in a direct manner by the tribunal where the person/company contesting the recognition is domiciled/headquartered. The recognition request can also be resolved in an indirect manner, by the Court judging another trial, in the course of which the specific exception is raised, founded on the existing decision of the foreign Court.
Foreign judgments which are not willingly respected can be executed on Romanian territory, on the basis of the approval from the County Tribunal on request made by the person having interest in the proceedings. There are however specific conditions:
– the judgment can be forcefully executed per the ruling Court;
– the right to request forceful execution is not prescribed as per the Romanian law.
If the judgment is emitted by a Court of an EU country, there is no procedure required for its recognition in matters of civil or commercial law and if no contestation is made by the party. If you need legal assitance in other countries, such as UK, we can put you in touch with our local partners.