🇷🇴 Romania

1. The status of digitalisation in enforcement of the judgments under the regulation in

question (a) under EOP Regulation, and (b) under EEO Regulation

The digitalization of the EOP and EEO in Romania is partially implemented and remains an ongoing process, combining functional systems with areas that require further development. Some aspects of the EOP and EEO processes are digitized, such as communication via email, and access to case files through judicial portals. Romanian courts are slowly adopting e-filing systems, allowing parties to submit EOP and EEO applications electronically. Notifications, court summons, and judgments are increasingly communicated via electronic platforms. Platforms like the Portalul Instan?elor de Judecata (Romanian Courts Portal) provide online access to case information, including cross-border claims. These systems are evolving to accommodate EOP and EEO filings digitally.

Procedural aspects

2. Competent court or authority and procedure involved in the enforcement (a) under EOP

Regulation, and (b) under EEO Regulation

a) under EOP Regulation The claim for the order for payment may be filed with the court which is competent to judge the case on its merits at the first instance. In the case of the order for payment, the judge verifies the competence of the court on their own initiative. The competence for dealing with claims relating to orders for payments is established in accordance with the general rules on court competence. According to Article 98 (1) of the CPC, jurisdiction is determined according to the value of the claim. Claims with assessable monetary value of up to RON 200.000 fall under the competence of district courts. Claims with assessable monetary value of at least RON 200.000 fall under the competence of tribunals. Article 107 of the CPC further delves into territorial jurisdiction, stating that the claim must be filed with the court in whose district the defendant is domiciled or has his seat unless otherwise provided by law. The court remains competent to hear the case even if, after the complaint has been lodged, the defendant changes his domicile or seat.

b) Under EEO Regulation

If the Enforcement Order is a court judgment, which includes court settlements or other legal agreements between parties, competence for certification lies with a court of first instance (Article 2(1) of Article I of the Emergency Government Order No 119/2006 on measures necessary to implement certain Community Regulations from the date of Romania's accession to the EU (O.U.G. nr. 119/2006 privind unele masuri necesare pentru aplicarea unor regulamente comunitare de la data aderarii României la UE), approved with amendments by Law No 191/2007, as amended).

3. rules on service

Under both EOP and EEO Regulation

In Romania, judicial bailiffs are the primary authority responsible for the service of documents in enforcement proceedings. They handle personal delivery of documents, confirmation of receipt, and delivery of notices in both EOP and EEO procedures. The service of procedural documents in an enforcement procedure is regulated by Article 671 of the CPC. The judicial executor (bailiff) may communicate the procedural documents in the enforcement of execution either personally or through his procedural agent. Proof of service by a procedural agent shall have the same probative value as proof of service by the executor himself. Otherwise, the general provisions also predict service via registered mail with acknowledgement of receipt frequently used for serving documents. This method complies with the requirements for service with proof as specified under Articles 13- 15 of the EOP and EEO Regulations. Romanian courts are also involved in overseeing the service of documents. They may directly deliver notifications or delegate this responsibility to bailiffs or postal services. For debtors residing abroad, Romanian consulates or diplomatic missions can assist with service in collaboration with local authorities in the debtor's country. Although less commonly used, electronic service (via email or other platforms) is possible if both parties have agreed to this mode in advance or where court systems support secure online communication.

4. Language of the certificate and documents to be appended

Under both EOP and EEO Regulation

The language used is Romanian. Article 150 of the CPC, relating to attached documents, states that if the documents are written in a foreign language, they must be submitted in a certified copy, accompanied by a certified translation by an authorised translator. If there is no authorised translator for the language in which the documents in question are drawn up, translations by reliable persons who are proficient in that language may be used, under the conditions of the special law. Similarly, Article 292 of the CPC, relating to the submission of applications states that any documents written in a language other than the language used in court must be accompanied by certified translations. If the debtor does not speak Romanian, documents must be translated into their language. This means additional translation fees, which vary based on the length and complexity of the document.

5. enforcement fees

a) Under EOP Regulation

The system of court stamp fees is regulated by Emergency Order No 80/2013 (Ordonan?a de urgen?a a Guvernului). Court stamp fees are due for both trials at first instance and appeals under the law. At the current stage of the law, the court stamp fee for making an application for an EOP is established by Article 3(1) of Government Emergency Order No 80/2013, as follows:

• up to the value of RON 500: 8%, but not less than RON 20;
• between RON 501 and RON 5.000: RON 40 + 7% for the values exceeding RON 500;
• between RON 5.001 and RON 25.000: RON 355 + 5% for the values exceeding RON

5.000;

• between RON 25.001 and RON 50.000: RON 1.355 + 3% for the values exceeding RON

25.000;

• between RON 50.001 and RON 250.000: RON 2.105 + 2% for the values exceeding RON

50.000;

• over RON 250.000: RON 6.105 + 1% for the values exceeding RON 250.000.

Court stamp fees are payable by the person who owes the fee in cash, by bank credit transfer or online to a distinct local budget revenues account, i.e. the "Court stamp fees and other stamp fees", of the territorial administrative unit where the natural person is domiciled or resident or, where applicable, where the legal person has the registered office. The costs incurred with the transfer of the amounts due as court stamp fees are borne by the debtor. No electronic system has been implemented in Romania so far for the payment of the court stamp fees although this method is regulated by the law. (4) Costs for the losing party Article 453 of the CPC states that the unsuccessful party is held liable to pay legal costs at the other party's request. However, the court will not grant unnecessary expenses to the successful party or expenses that are disproportionate to the value of the claim.

b) Under EEO Regulation

(3) Court fees for the EEO and the methods of payment There are no specific court fees for the issue of an EEO in Romania. Generally, the system of court stamp fees is regulated by Emergency Order No 80/2013. Court stamp fees are due for both trials at first instance and appeals under the law. (4) Costs for the losing party Article 453 of the CPC states that the unsuccessful party is held liable to pay legal costs at the other party's request. However, the court will not grant unnecessary expenses to the successful party or expenses that are disproportionate to the value of the claim.

6. Refusal, stay, or limitation of the enforcement procedure under the regulation in question

in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

a) Under EOP Regulation

The interested party may challenge the enforcement of the order for payment under generally applicable law. The objection can only invoke irregularities in regard to the enforcement procedure and causes leading to the extinction of the obligation arising after the order for payment has become final.

(b) under EEO Regulation

A review of a judgment on the merits of a case or that refers to the merits of a case may be sought if, for example, the party concerned has, in circumstances beyond his or her control, been prevented from appearing in court and has notified the court of this. The deadline for review is one month, counting from the end of the impediment. The court may suspend enforcement of the judgment in respect of which review is sought on condition that a security is lodged. If the court allows the application for review, it will modify, in whole or in part, the judgment appealed against and, in the event of conflicting final judgments, will annul that judgment. A judgment handed down in an action for a review is subject to the appeal procedures laid down by law in relation to reviewed judgments.

7. Availability of any legal aid for guidance on the enforcement procedures under the

regulation in question in the intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

Legal aid and grant conditions are encumbered in Article 90 of the CPC, which states that a person who is unable to meet the expenses involved in initiating and sustaining a civil lawsuit, without endangering his own or his family's maintenance, may benefit from legal aid, under the conditions of the special law on public legal aid. Legal aid includes: a) granting of exemptions, deductions, deferrals or postponements for the payment of court fees provided by law; b) free defence and assistance through a lawyer appointed by the bar; c) any other means provided by law. Legal aid can be granted at any time during the trial, in whole or in part. Legal entities can benefit from facilities in the form of discounts, instalments or deferred payments judicial stamp duties due for actions and applications filed before the courts, under the conditions of the special law. Special provisions The provisions contained in special laws regarding the exemption from taxes, tariffs, fees, commissions or sureties for claims, actions and any other measures taken for the administration of tax claims remain applicable. Article 1083 of the CPC states that foreign individuals and foreign legal entities have, under the conditions of the law, the same procedural rights and obligations as Romanian citizens and Romanian legal entities before the Romanian courts. Further, foreign citizens before Romanian courts, in international civil proceedings, benefit from exemptions and reductions of fees and other procedural expenses, as well as from free legal aid to the same extent and under the same conditions as Romanian citizens, subject to reciprocity with the state of citizenship or domicile of the applicant.

8. Critical assessment of the enforcement procedures under the regulation in question in the

intended Member State (a) under EOP Regulation, and (b) under EEO Regulation

(a) Under the EOP Regulation Although Romanian enforcement authorities are required to enforce an EOP issued in another Member State, they often require translations of supporting documents (e.g., certificates, notices). This can increase costs and cause delays, particularly when the debtor contests the enforceability of the order. Secondly, Romania's digital infrastructure for court and enforcement systems remains underdeveloped. Electronic submission and tracking of cases are limited, causing inefficiencies. Thirdly, judicial bailiff fees, particularly the percentage-based structure, can be burdensome for creditors, especially for high-value claims. This discourages creditors from pursuing cross-border enforcement in smaller claims.

(b) Under the EEO Regulation Although judgments certified as EEOs are enforceable without further formalities, practical challenges arise when dealing with complex claims requiring asset seizure or liquidation. Judicial bailiffs often require additional documentation to proceed.