Securing a favorable court judgment or arbitral award abroad is a significant achievement for any creditor. However, when the debtor’s assets are located in Romania, obtaining the judgment is only the first step. The real challenge often lies in making that foreign decision legally effective and enforceable within the Romanian jurisdiction. While Romania’s EU membership facilitates certain processes, navigating the specific requirements of Romanian national law, particularly the Civil Procedure Code and private international law rules, is crucial for successful recovery.

Understanding the procedures for recognition (exequatur) and subsequent enforcement is essential, and typically requires specialized local legal expertise. This guide outlines the key considerations for international creditors seeking to enforce foreign judgments in Romania.

Understanding Recognition (Exequatur) and Enforcement

Before a foreign judgment can be actively enforced against assets in Romania, it generally needs to be recognized by Romanian courts through a procedure often referred to as “exequatur.”

• Recognition: This means a Romanian court formally accepts the legal validity and effects (e.g., res judicata) of the foreign decision within Romania.
• Enforcement: This involves using the coercive power of the Romanian state, via a judicial bailiff, to compel the debtor to comply with the judgment (e.g., pay the debt, transfer assets).

The legal basis for recognition and enforcement depends on the origin of the judgment:

• EU Member State Judgments: Primarily governed by EU Regulations like Brussels I bis (Regulation EU No 1215/2012) for civil and commercial matters, which simplifies the process by abolishing the need for exequatur for judgments falling within its scope (they are often directly enforceable after fulfilling certain formalities). Specific regulations apply to other matters.
• Non-EU Judgments (Treaty basis): Governed by bilateral or multilateral treaties on judicial assistance and recognition of judgments to which Romania is a party.
• Non-EU Judgments (National Law): Where no EU regulation or treaty applies, recognition and enforcement fall under the provisions of the Romanian Civil Procedure Code (specifically regarding exequatur) and Law No. 105/1992 regarding Private International Law Relations.

Key Conditions for Exequatur (under Romanian National Law)

For judgments requiring exequatur under national law (primarily non-EU/non-treaty based), Romanian courts will verify several conditions before granting recognition and enforceability, typically including:

1. Final and Binding Nature: The judgment must be final and enforceable (“titlu executoriu” equivalent) in its country of origin.
2. Jurisdiction: The foreign court must have had jurisdiction according to Romanian private international law rules.
3. Rights of Defense: The party against whom the judgment was rendered must have been properly summoned and given a genuine opportunity to defend themselves. Proving proper service of process abroad can be a key challenge.
4. Public Policy (Ordre Public): The judgment’s content or effects must not fundamentally contradict Romanian public policy principles.
5. Non-Conflict: The judgment must not conflict with an earlier judgment rendered by a Romanian court in the same matter or with a foreign judgment previously recognized in Romania. Lis pendens might also be a bar.

Navigating these conditions, especially proving foreign procedural aspects, or arguing points of public policy, requires careful legal analysis and representation.

The Enforcement Procedure via Judicial Bailiff

Once a foreign judgment is recognized and declared enforceable (either directly under EU law or via exequatur), the actual recovery process begins through a Romanian judicial bailiff (executor judecătoresc) chosen by the creditor. The bailiff initiates enforcement actions based on the enforceable title. Common methods include:

• Garnishment: Seizing funds from the debtor’s Romanian bank accounts or amounts owed to the debtor by third parties.
• Seizure of Assets: Identifying and seizing movable assets (vehicles, equipment) or immovable assets (real estate) belonging to the debtor located in Romania, followed by public auction if necessary.

Practical challenges in this phase include effectively tracing the debtor’s assets within Romania, dealing with potential delaying tactics by the debtor, navigating the specific procedures of the bailiffs, and overcoming potential insolvency issues.

The Crucial Role of Specialized Romanian Counsel

Successfully enforcing a foreign judgment in Romania is rarely straightforward. It demands:

• In-depth knowledge of the relevant EU Regulations, international treaties, and specific articles of the Romanian Civil Procedure Code and Law 105/1992.
• Experience in drafting and arguing exequatur applications before the competent Romanian courts.
• Practical ability to effectively instruct and collaborate with Romanian judicial bailiffs for asset tracking and enforcement actions.
• Fluency in legal Romanian for all court documents and official communications. Successfully navigating this process requires experienced attorneys in Romania specialized in cross-border litigation and enforcement procedures.

Enforcing your rightful claim in Romania from abroad is achievable. While the procedures can be intricate, involving specific conditions under EU regulations or Romanian national law, meticulous preparation and guidance from experienced local counsel are key. Timely action and a clear strategy significantly increase the likelihood of converting a foreign judgment into tangible recovery within Romania.