Recognition and enforcement of foreign judgments in Romania

The recognition and enforcement of foreign judgments is a subject of great importance in the context of globalization, given the international mobility of people and businesses.

When a person wins a case in another country and wants the judgment to have effect in Romania, the question of recognition and enforcement arises.

In this article, we will explain how the process of recognizing and enforcing foreign judgments in Romania works and what steps need to be taken to make it possible.

What does it mean to recognize and enforce a foreign judgment?

Recognition and enforcement of foreign judgments refers to the process by which a judgment given in another country is considered valid and enforceable in Romania. This process includes two important steps:

Recognize: It means that the foreign judgment must be accepted and have the same legal effects as a judgment issued by Romanian courts.
Running: This is the process by which the foreign judgment is enforced in Romania, e.g. by seizure of assets, execution of a payment order or other measures imposed by the foreign court.

Recognition does not automatically mean that the judgment will be enforced, only that it will be considered valid in Romania. To enforce it, you will have to go through an additional enforcement process.

When can a foreign judgment be recognized and enforced in Romania?

The recognition and enforcement of a foreign judgment in Romania may be requested when certain conditions provided for by Romanian and international law are met. These include:

The judgment is not contrary to public order in Romania

A foreign court decision will not be recognized or enforced in Romania if it is contrary to public order, fundamental principles of the Romanian legal system. For example, a judgment that violates fundamental human rights or does not respect the fundamental rules of Romanian law will not be accepted.

There is reciprocity between the country issuing the judgment and Romania

The recognition and enforcement of foreign judgments is usually based on the principle of reciprocity. This means that Romania will only recognize and enforce judgments issued in another country if that country recognizes and enforces Romanian judgments. This principle is usually applied through international treaties and bilateral agreements between countries.

The judgment was issued by a competent court

The foreign judgment must have been issued by a court that had jurisdiction to decide the case under the rules of international law. The courts must respect the rules of jurisdiction so that the judgment is considered valid in Romania.

How is a foreign judgment recognized and enforced in Romania?

Recognizing and enforcing a foreign judgment in Romania involves a specific, multi-stage process.

Application for recognition of foreign judgment

The first step is to apply to the competent Romanian court. In this application, the applicant will have to prove that the foreign judgment meets all the legal conditions to be recognized in Romania. This includes proof that the judgment is not contrary to public policy, respects the fundamental principles of Romanian law and comes from a country with which Romania has reciprocity agreements.

The application for recognition shall be submitted to the court for the place where the defendant is domiciled or, in certain cases, to the court for the place where the defendant's property is located.

Procedure for recognition and verification of conditions

The Romanian court will examine the conditions under which the foreign judgment was issued. It will verify, inter alia, the following aspects:

If the foreign court had jurisdiction.
If the judgment does not contravene public order in Romania.
If all reciprocity requirements between the two countries are met.

If the court considers that the judgment meets these conditions, it will be recognized.

Application for enforcement of a foreign judgment

Once the judgment is recognized, the creditor can apply for enforcement in Romania. The process of enforcing the foreign judgment is carried out in the same way as in the case of a Romanian judgment, and the Romanian bailiff will be able to apply measures such as seizure of assets, attachment of income or other debt recovery procedures.

It is important to note that, at this stage, the court will examine whether the judgment complies with public policy and will give the bailiff the necessary authority to enforce the judgment.

Possibility to challenge the enforcement

Both recognition and enforcement of a foreign judgment can be challenged in court. A person who believes that the judgment should not be recognized or enforced in Romania can lodge an appeal, and the court will consider the arguments and make a decision.