Recognition and enforcement of foreign judgements

Foreign judgments are recognized by operation of law in Romania, when it refers to the personal status of citizens of the state where they were delivered or if, being delivered in a third State, were first recognized in the State of nationality of each of the parties or, failing recognition, were delivered under the applicable law as determined under Romanian private international law, are not contrary to public order and Romanian private international law, and the right of defense was respected.

Application for recognition

An application for recognition of the foreign judgment shall be made according to the requirements of the code of civil procedure and shall be accompanied by the following documents:

  • copy of the foreign judgment;
  • proof of its finality;
  • copy of the proof of serving the summons to the missing the party in a foreign court, or any other official document attesting that the summons and complaint were known by the party against whom the judgment was delivered;
  • any other act which demonstrates, in addition, that the foreign judgment satisfies the other conditions of the Code of civil procedure.

All the acts mentioned earlier shall be accompanied by certified translations and will be legalized, in compliance with the legal provisions. Legalization is not required if the parties agree with the submission of certified copies.

In the absence of some of the documents described earlier, the court may set a deadline for submission or accept equivalent documents or to dispense from their production.

Exequatur, is a concept specific to the private international law and refers to the decision by a court authorising the enforcement in that country of a judgment, arbitral award, authentic instruments or court settlement given abroad.

Foreign judgments that are not brought out voluntarily by those who must accomplish the obligations arising from the writ of execution, can be enforced in Romania, based on a declaration given at the request of the person concerned, by the district court in which enforcement is to take place.

In this context, it is necessary to mention that this procedure has as purspose to give enforceability to that decision and, consequently, the possibility of using it in Romania, by putting in enforcement against the watched debtor.

See which are the required Enforcement Documents and Forms.

Learn about European Enforcement Order and uncontested claims.