Regulative framework governing fees of legal professions

Lawyers

Generalities

Lawyers' fees are variable and determined according to the case's level of difficulty, size and duration. The level of fees may be agreed upon freely between the lawyer and his client, yet within the limits of the law and the Statute of the profession

The level of fees payable can be based on:

An hourly rate charged in relation to hours worked;
A fixed sum;
An amount dependent on a successful outcome: in addition to a fixed sum, the lawyer may request a additional, fixed or variable sum paid upon success (It is strictly forbidden however to base the lawyer's fee exclusively on the judicial outcome).
Both hourly and fixed fees, regardless of the result obtained.

It is almost impossible to provide an estimate of the fees because this information can only be obtained after presenting the case to a lawyer, who will then assess the fees to be paid taking into account all the case necessary related aspects, and mainly the workload, the value of the litigation and also the nature of the litigant.

Bailiffs (Judicial executors)

Generalities

The level of the fee depends on the activity involved in carrying out an enforcement operation pursuant to a court judgment or enforcement order in accordance with the law. The list of fees has been established by the Ministry of Justice, in cooperation with the National Union of Judicial Executors. The judicial executor is paid by the party which has requested the execution of a certain procedure. In general, judicial executors are paid for each individual enforcement act.

In the case of execution of claims referring to monetary amounts, the maximum fees are as follows:

For claims of up to RON 50 000 inclusive	The maximum fee is 10% of the value of the claim (for example, if the value of the claim is RON 40 000, the fee can be no more than RON 400, or EUR 100).
For claims of between RON 50 000 and RON 80 000 inclusive	The maximum fee is a fixed amount of RON 5 000 plus 3% of the amount by which the sum exceeds RON 50 000.
For claims of between RON 80 000 and RON 100 000 inclusive	The maximum fee is the amount of RON 5 900 plus 2% of the amount by which the sum exceeds RON 80 000.
For claims exceeding RON 100 000	The maximum fee is a fixed amount of RON 6 300 plus 1% of the amount by which the sum exceeds RON 100 000.

Detailed information regarding minimum and maximum fees according to type of enforcement act

Fees charged prior to judgment (before filing the claim)

Notification and communication of procedural documents	Between RON 20 (EUR 5) and RON 400 (EUR 100).
Ascertaining a factual situation and making an inventory of goods (Article 239 of the Civil Procedure Code)	Between RON 100 (EUR 25), and RON 2,200 (EUR 550) for a natural person debtor or RON 5,200 (EUR 1300) for a legal person debtor.
Real offer minute	Between RON 50 (EUR 12.5) and RON 350 (EUR 87.5).
Confiscations	10% of the value in all cases.
Insuring sequester	Between RON 100 (EUR 25), and RON 1,200 (EUR 300) for a natural person debtor or RON 2,200 (EUR 550) for a legal person debtor.
Legal consultation related to the constitution of execution documents	Between RON 20 (EUR 5) and 200 (EUR 50).

Fees charged during proceedings

Garnishment

RON 60 (EUR 15) is the minimum fee for a claim of up to RON 1 000 (EUR 250)

RON 60 plus 2% of the amount by which the sum exceeds RON 1 000, in the case of claims exceeding RON 1 000

For sums of up to RON 50,000 (EUR 12,500) the fee may be up to 10% of the value of the claim;

For sums between RON 50,001 and RON 80,000 (EUR 20,000) the fee is 3% of the value of the claim;

For sums between RON 80,001 and RON 100,000 (EUR 25,000) the fee is 2% of the value of the claim; and

For sums exceeding RON 100,000 the fee is 1% of the value of the claim.

Protest for non‑payment of drafts, promissory notes or cheques

A minimum fee of RON 150 (EUR 37.5)

A maximum of RON 400 (EUR 100).

Judicial sequester

A minimum fee of RON 100 (EUR 25)

A maximum of RON 1,200 (EUR 300) for a natural person debtor or RON 2,200 (EUR 550) for a legal person debtor.

Fees charged following the proceedings (after the court has handed down its judgment)

Granting custody of a minor or establishing the domicile of a minor	Between RON 50 (approximately EUR 12.5) and RON 1,000 (EUR 250).
Contact with a child/Visiting the child (minor)	Between RON 50 (approximately EUR 12.5) and RON 500 (EUR 125).

In the case of debts recovery

Recovering debts/claims by prosecution/execution of movable property

Minimum fees

RON 60 (EUR 15) for claims of up to RON 1 000 (EUR 250)

RON 60 plus 2% of the amount by which the sum exceeds RON 1 000, in the case of claims exceeding RON 1 000

Maximum fees

Up to 10% for sums of up to RON 50,000 (EUR 12,500);

3% for sums between RON 50,001 and RON 80,000 (EUR 20,000);

2% for sums between RON 80,001 and RON 100,000 (EUR 25,000); and

1% for sums exceeding RON 100,000.

Recovering debts/claims by prosecution/execution of immovable property

Minimum fees

RON 150 (EUR 37.5) for claims of up to RON 1 000 (EUR 250)

RON 150 (EUR 37.5) plus 2% of the amount by which the sum exceeds RON 1 000, in the case of claims exceeding RON 1 000

Maximum fees

Up to 10% for sums not exceeding RON 50,000 (EUR 12,500);

3% for sums between RON 50,001 and RON 80,000 (EUR 20,000);

2% for sums between RON 80,001 and RON 100,000 (EUR 25,000); and

1% for sums exceeding RON 100,000.

Judicial technical experts

Fees charged by judicial technical experts are variable. The fee for a judicial technical assessment is established by the body which has ordered the assessment, taking into account the complexity of the assessment, the volume of work involved and the professional or scientific grade of the judicial technical expert.

the judicial technical assessment is carried out at the order of the courts, the criminal prosecution bodies or other bodies with tasks relating to establishing the facts or circumstances of a case, by appointing judicial technical experts authorised by the Ministry of Justice;
the interested party has the right to request that the assessment be carried out by the appointed judicial technical expert together with a judicial technical expert or a specialist, as an adviser to that party, nominated by and paid for by that party, and agreed by the judicial body that has ordered the assessment. The fee of the nominated judicial technical expert is established by the party and the expert, by common agreement on the basis of the contractual relations between them, and is paid by the party that has nominated that expert.

Fixed costs

Fixed costs for litigants in civil proceedings

Fixed Cost of bringing an action to the courts: court fees and the stamp duty

Claims brought before the courts which are subject to court fees must receive the judicial stamp.

Court fees

Court fees can vary between around EUR 0.5 to over EUR 1,500.

For financially quantifiable claims (e.g. applicable in alimony cases, commercial cases) the court fees vary according to the value of the claim:

Value of the claim	Amount of the court fee
Up to RON 39	RON 2
RON 39.01 - RON 388	RON 2 plus 10% of the amount by which the value of the claim exceeds RON 39
RON 388.01 - RON 3,879	RON 37 plus 8% of the amount by which the value of the claim exceeds RON 388
RON 3,879.01 - RON 19,395.00	RON 316 plus 6% of the amount by which the value of the claim exceeds RON 3,879
RON 19,395.01 - RON 38,790.00	RON 1,247 plus 4% of the amount by which the value of the claim exceeds RON 19,395
RON 38,790,01 - RON 193,948.00	RON 2,023 plus 2% of the amount by which the value of the claim exceeds RON 38,790
Superior to RON 193,948.00	RON 5,126 plus 1% of the amount by which the value of the claim exceeds RON 193,948

For claims related to family law, court fees are:

For divorce caused by deterioration of family relations or divorce commonly agreed by family partners (Romanian Family Code Article 38 paragraphs 1 and 2)	RON 39 (EUR 10)
For divorce caused by the impossibility of a family partner being able to carry out his or her family-related obligations due to severe illness (Romanian Family Code Article 38 paragraph 3) and divorce caused by the low income of a family partner (lower than minimum gross national salary) or lack of income	RON 8 (EUR 2)
For custody of the children for the establishment of the minor child’s domicile for the recognition of children in order to use the parent’s name	RON 6 (EUR 2.5)

Stamp duty (approx. EUR 1) - varies between RON 1.5 and RON 5
Court decisions - Cost of decision (approx. EUR 1)

Judicial decisions, subpoenas, and notifications are communicated to parties, witnesses, experts or any other persons or institutions involved in the litigation for free.

The consultation or copying of documents from the court file and of certificates from the court clerk‘s office are subject to payment (maximum RON 4).

Cost of obtaining an authenticated decision (less than EUR 1)

Requests to the courts to deliver copies of judicial decisions stated as final and irrevocable

Stamped with a court fee in the amount of RON 2

Other proceedings: fixed costs

Fees payable to translators or interpreters

1. Translators or interpreters' fees

They are determined by the court in the ruling which appoints the interpreter or translator. The minimum tariff of RON 20 is increased:

By 50% for translations from or into an oriental language (Japanese, Chinese) or a rarely used language; or for urgent translations (within 24-48 hours);
By 100% for simultaneous interpretation; or for services during weekends, during legal holidays or non-working days, or between 10pm to 6am.

The precise tariff levels are:

For authorised interpreters	RON 23.15 (approx. EUR 6) per hour or, if applicable, for less than an hour (hour fractions)
For translations	RON 33.56 (approx. EUR 8) per page

VAT is added to these amounts where legally required.

2. Bailiffs’ (Judicial Executors') fees

Please refer to the chapter on Bailiffs' fees above.

Appeals

The costs of a trial at first instance are similar in nature to those payable for an appeal procedure but amount to 50% of those incurred at trial.

Stage of the civil proceeding where fixed costs must be paid

1. Court fees

They are payable in advance, before the receipt, processing or issue of the relevant documentation or conduct of the requested service. In practice, the applicant pays the court fee he or she estimates to be correct upon submission of the claim. At the first hearing, the court determines the legal court fees to be paid and duly requests the party to pay any shortfall.

2. Judicial Executors' fees

The execution-related expenses must be paid in advance by the party that has requested it. The advance payment of the judicial executors' fees however cannot be a condition for the execution of court decisions.

3. Interpretation fees

The party which has requested interpretation services must pay the court-fixed fee, the official travel expenses or the interpreter‘s fee within 5 days of the fixing of the fee.

4. Experts' fees

The amount established as provisional fee and the advance payment for travelling costs, where applicable, are to be paid within five days after the appointment of the judicial technical expert, by the party that has requested the assessment, in the special account opened specifically for this purpose by the local office for judicial and accounting technical assessments. The court may also decide that those expenses be borne by both parties.

The fee for a judicial technical assessment is established by the body which has ordered the assessment, taking into account the complexity of the assessment, the volume of work involved and the professional or scientific grade of the expert or specialist.

Fixed costs in criminal proceedings

Fixed costs for litigants in criminal proceedings

There are no fixed costs for litigants pertaining to criminal proceedings.

Fixed costs in constitutional proceedings

Fixed costs for litigants in constitutional proceedings

There are no fixed costs pertaining to constitutional proceedings.

Prior information to be provided by legal representatives

Rights and obligations of the parties

In Romania, legal representatives do not have a direct obligationto provide parties with prior information on their rights and obligations, their prospects of success and the costs involved in the proceedings. However, under the Statute of the legal profession the lawyer has the duty to advise his or her client in a prompt, conscientious, correct and diligent manner.

Costs sources

Where can I find information on cost sources in Romania?

Information explaining the various cost sources is not easily available as it is not published on public institutions’ websites, nor mentioned in leaflets. Information can be obtained directly from people working in the field or from the following laws relating to judicial costs.

Court fees and stamp duty are regulated by Law no. 146/1997 on court fees and Government Ordinance no. 32/1995 on stamp duty.
Lawyers’ fees are regulated by Act No 188/2000 on judicial executors and Order No 2550/C of 14 November 2006 approving minimum and maximum fees for services provided by judicial executors.
Judicial executor/Bailiff fees are fixed by Law no. 188/2000 on judicial executors/bailiffs as well as by Order no. 2550/C of 14 November 2006 on the approval of minimum and maximum fees for judicial executors' services.
Experts' fees are regulated by the Civil Procedure Code and by Government Ordinance no. 2/2000 on the organisation of the activity of judicial or extra-judicial technical expertise.
Translation and interpretation fees are regulated by the Civil Procedure Code, by Law no. 178/1997 and by Order no. 772 of 5 March 2009 on the establishment of fees for authorised interpreters and translators.

In what languages can I obtain information on cost sources in Romania?

Laws regulating costs are only available in Romanian.

Where can I find information on mediation?

Mediation is regulated by Law no. 192/2006 on mediation and the organisation of the profession of mediator. This law provides that the mediator is entitled to payment of a fee agreed with the parties, as well as to the reimbursement of expenses incurred in connection with the mediation.

Where can I find additional information on costs?

Where can I find information on the average length of time that different procedures take?

Statistical information on the average duration of cases may be found in the yearly report on Romanian judicial activity, available in Romanian from the Superior Council of Magistracy’s public websites (see Chapter 3.4 entitled "Quality indicators of judicial activity, pages 155-162).

Value Added Tax

No VAT is applicable to court fees, nor to the stamp duty and neither to the lawyers’ fees included in the legal assistance contract.

For translation of documents, VAT is added to the tariff where legally required.

Legal aid

Applicable income threshold in the area of civil justice

Average net monthly income per family member	Conditions for granting
Less than RON 500 (approx. EUR 125)	Level of income should be under the threshold for at least 2 months before the action is brought before the court, in which case the case's costs are entirely met by the state.
less than RON 800 (approx. EUR 200)	Level of income should be under the threshold for at least 2 months before the action is brought before the court, in which case 50% of costs are met by the state.

Legal aid is granted also:

When the fixed or overall estimated costs of the trial might restrict his or her constitutional right to effective access to justice; or
When his or her right to access to justice might be restricted due to differences in costs of living between the Member State of residence and Romania.
Regardless of the grantee’s income, when a special law provides the right to legal aid or free legal aid as a protective measure for the grantee (if the grantee is a minor, or disabled, or in another special situation).

Applicable income threshold in the area of criminal justice for defendants

The threshold concept is only applicable in civil matters. In criminal matters, the principal legal provisions regulating this field are contained in Article 171 of the Criminal Procedure Code. Legal aid is granted to the defendant when:

they are a minor;
they have been interned in a re-education centre or an educational medical institution;
they have already been arrested or held in custody in the context of other criminal case(s);
they have been medically interned or are receiving compulsory medical treatment;
the criminal investigation authority or the court considers that the defendant is not capable of conducting his or her own defence;
the punishment provided by law for the alleged crime is life detention or detention in prison for at least 5 years.

Applicable income threshold in the area of criminal justice for victims

The threshold concept does not apply to victims in the area of criminal justice. Relevant legal provisions regulating this field are contained in Article 173 of the Criminal Procedure Code.

Cost-free court proceedings

The following claims are legally exempt of any court costs:

All claims relating to (1) the protection and promotion of children’s rights (regulated by law no. 272/2004 regarding the promotion and protection of children’s rights), (2) guardianship, (3) trusteeship, (4) assistance given to seriously mentally ill (disordered) persons;
Claims relating to legal and contractual maintenance obligations and all claims relating to adoption (regulated by Law no. 273/2004 on adoption);
Other claims as provided by various laws.

When does the losing party have to pay the winning party's costs?

In civil matters the rules pertaining to the award of costs or the compensation of costs are regulated by articles 274-276 of the Civil Procedure Code. In principle,

The losing party is obliged (upon request) to pay the costs of the lawsuit;
The judge cannot reduce the court fee or any other expenses paid by the winning party;
In principle, a defendant who has admitted the plaintiff’s claim at the first hearing need not pay the judicial expenses, unless he or she was officially notified by the bailiff through the specialised prior- to-judgment procedure, previously presented above;

In criminal matters, the rules pertaining to the award of costs/compensation of costs are regulated by articles 189-193 of the Criminal Procedure Code. In principle,

Expenses necessary for the performance of procedural acts, the administration of evidence, the maintenance of material means of evidence, lawyers’ remuneration, as well as any other expenses related to criminal trials are covered by the sums forwarded by the State or paid by the parties.
In case of conviction, the defendant must cover the judicial expenses incurred by the State, with the exception of expenses for interpreters appointed by the judicial bodies, and in cases in which free legal aid has been granted.
In case of acquittal or cessation of the criminal trial in court, the judicial expenses of the State are paid for as follows:

In case of acquittal, by: (a) the victim, to the extent to which they were caused by him/her; (b) the civil party whose civil claims were totally rejected, to the extent to which the expenses were caused by this party; (c) the defendant, when, even if acquitted, he/she was still obliged to pay damages.

In case of cessation of the criminal trial, by (a) the defendant, if the replacement of criminal responsibility has been ordered or there is reason for non-punishment; (b) both parties, in case of reconciliation;(c) the victim, in case the complaint is withdrawn or was tardily submitted to court.

In case of amnesty, prescription or withdrawal of the complaint, as well as in the case of existence of a cause for non-punishment, if the defendant demands the continuation of the criminal trial, the judicial expenses may be covered by the victim or the defendant, depending on other connected law provisions.
In all other cases, the State pays for its own judicial expenses.

Experts’ fees

Article 274 of the Code of Civil Procedure provides that the losing party shall be obliged, upon request, to pay the legal expenses, including the fees of the judicial technical experts paid for by the winning party.

Related Attachments

Romania’s report of the Study on Transparency of costs (544 Kb)

Last update: 03/11/2020

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Case study 1 - family law - divorce - Romania

In this case study on family law – divorce, Member States were asked to advise the party that files for divorce on litigation costs in order to consider the following situations:

Case A – National situation: a couple gets married. Later they separate and agree to a divorce.

Case B – Transnational situation: Two nationals from a same Member State (Member State A) get married. The marriage is celebrated in Member State A. After the wedding, the couple moves to live and work in another Member State (Member State B) where they establish their residence. Shortly thereafter the couple separates with the wife returning to Member State A and the husband remaining in Member State B. The couple agrees to a divorce. Upon her return to Member State A, the wife immediately files for a divorce before the courts of Member State B.

NOTE – 1.The answers pertaining to all the case studies were provided assuming that the claim is made in the Romanian courts 2. For better comprehension, the calculation of costs took into account the following hypothetical currency rate – EUR 1 = RON 4 (Romanian currency).

Costs in Romania

Costs for Court, Appeals and Alternative Dispute Resolution

Case Study	Court			Appeals
	Initial court fees	Transcription fees	Other fees	Initial court fees
Case A	RON 39.3 (approximately EUR 10) comprising RON 39 (court fee) and RON 0.3 (stamp duty) Exception – RON 8.3 (approximately EUR 2) comprising RON 8 (court fees) and RON 0.3 (stamp duty), if the party does not have an income or the income is lower than the minimum national gross salary	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks) photocopying charges (varying between EUR 0.05 and EUR 1.25 per copy) must be paid	Legalisation - atestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty) Supralegalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) - only if it is necessary for the party	The decision cannot be appealed in this case, as the divorce is agreed by both parties
Case B	RON 39.3 (approximately EUR 10) comprising RON 39 (court fee) and RON 0.3 (stamp duty) Exception – RON 8.3 (approximately EUR 2) comprising RON 8 (court fees) and RON 0.3 (stamp duty) if the party does not have an income or the income is lower than the minimum national gross salary	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), photocopying costs (varying between EUR 0.05 and EUR 1.25 per each copy) must be paid	Legalisation -Attestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty) Supralegalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) only if it is necessary for the party	The decision cannot be appealed in this case, as the divorce is agreed by both parties.

Case Study	ADR
	Is this option open for this type of case?	Costs
Case A	Yes	Costs are provided for in the mediation contract, as agreed by the parties and the mediator
Case B	Yes	Costs are provided for in the mediation contract, as agreed by the parties and the mediator

Costs for lawyer, bailiff and expert

Case Study	Lawyer		Bailiff
	Is representation compulsory?	Average costs	Is representation compulsory?	Pre-judgment costs	Post-judgment costs
Case A	NO	Variable costs depending on the legal assistance contract Not applicable in this case, as representation is not compulsory	NO	Not applicable in this case	Not applicable in this case
Case B	NO	Variable costs depending on the legal assistance contract Not applicable in this case, as representation is not compulsory	NO	Not applicable in this case	Not applicable in this case

Case Study	Expert
	Is use compulsory?	Cost
Case A	NO	Not applicable in this case
Case B	NO	Not applicable in this case

Costs for witness compensation, pledge or security and other relevant fees

Case Study	Witness compensation		Pledge or security
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost
Case A	Yes. However, this case does not require witnesses.	Not applicable in this case	Not applicable in this case	Not applicable in this case
Case B	Yes. However, this case does not require witnesses.	Not applicable in this case	Not applicable in this case	Not applicable in this case

Costs for legal aid and other reimbursement

Case study	Legal Aid
	When and under which conditions is it applicable?	When is support total?	Conditions?
Case A	Please see annex 1 attached	Please see annex 1 attached	Please see annex 1 attached
Case B	Please see annex 1 attached	Please see annex 1 attached	Please see annex 1 attached

Case study	Reimbursement
	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total what is percentage in general?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	Not applicable in this case, as the parties consent to divorce (divorce is agreed by both parties)	Not applicable in this case, as the parties consent to divorce (divorce is agreed by both parties)	Not applicable in this case, as the parties consent to divorce (divorce is agreed by both parties)	NO
Case B	Not applicable in this case, as the parties consent to divorce (divorce is agreed by both parties)	Not applicable in this case, as the parties consent to divorce (divorce is agreed by both parties)	Not applicable in this case, as the parties consent to divorce (divorce is agreed by both parties)	NO

Costs for translation and interpretation

Case study	Translation
	When and under which conditions is it necessary?	Approximative cost?
Case A	Not applicable in this case	Not applicable in this case.
Case B	When documents submitted to the court (part of the case dossier) are written in another language	The costs may vary according to the translation contract or, if the translation is performed by an authorised translator at the court’s request, a fee of RON 33.56 (approximately EUR 8) per page in A4 format should be paid

Case study	Interpretation		Other costs specific to cross-border disputes?
	When and under which conditions is it necessary?	Approximative cost?	Description	Approximative cost?
Case A	When the party who should be heard by the court is deaf or mute, or does not know how to write.	RON 23.15 per hour (approximately EUR 6)	-	-
Case B	If at least one of the parties does not speak Romanian.	RON 23.15 per hour (approximately EUR 6)	Yes, but are supported by the state	-

Last update: 03/11/2020

Case study 2 - family law - custody of the children - Romania

In this case study on family law – custody of the children, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother and a right of access to the father. The mother sues to limit the father’s right of access.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (Member State B) for a number of years. They have a child together but separate immediately after the child’s birth. A court decision in Member State B gives the child’s custody to the mother with a right of access to the father. The mother and the child move to live in another Member State (Member State A) as authorised to do so by the Court decision and the father remains in Member State B. A few years later, the mother sues in Member State A to change the father’s right of access.

Costs in Romania

Costs for Court, Appeals and Alternative Dispute Resolution

Case Study	Court			Appeals
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees
Case A	RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty)	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid	1. Legalisation – Attestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty) 2. Investing the court decision with an enforceable formula – RON 4.15 (approximately EUR 1) comprising RON 4 (court fee) and RON 0.15 (stamp duty) 3. Supra-legalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) – only if it is necessary for the party	50% of RON 8.3 (approximately EUR 1)	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid
Case B	RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty)	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid	1. Legalisation – Attestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty) 2. Investing the court decision with an enforceable formula – RON 4.15 (approximately EUR 1) comprising RON 4 (court fee) and RON 0.15 (stamp duty) 3. Supra-legalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) – only if it is necessary for the party	50% of RON 8.3 (approximately EUR 1)	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid

Case Study	ADR
	Is this option open for this type of case?	Costs
Case A	Yes	Costs are provided in the mediation contract, as agreed by the parties and the mediator.
Case B	Yes	Costs are provided for in the mediation contract, as agreed by the parties and the mediator.

Costs for lawyer, bailiff and expert

Case Study	Lawyer		Bailiff
	Is representation compulsory?	Average costs	Is representation compulsory?	Pre-judgment costs	Post-judgment costs
Case A	NO	Variable costs depending on the legal assistance contract Not applicable in this case, as representation is not compulsory	NO	Not applicable in this case, as only the court decision (issued post judgment) can be subject to enforcement, if the losing party (the father) does not execute it willingly	Granting enforcement of the court decision – RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty) Notification– RON 20 minimum fee (approximately EUR 5) and RON 400 maximum fee (approximately EUR 100) Bailiff’s fees – RON 50 (approximately EUR 12.5) minimum fee and RON 500 (approximately EUR 125) maximum fee
Case B	NO	Variable costs depending on the legal assistance contract Not applicable in this case, as representation is not compulsory	NO	Not applicable in this case, as only the court decision (issued post judgment) can be subject to enforcement, if the losing party (the father) does not execute it willingly	Granting enforcement of the court decision – RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty) Notification– RON 20 minimum fee (approximately EUR 5) and RON 400 maximum fee (approximately EUR 100) Bailiff’s fees – RON 50 (approximately EUR 12.5) minimum fee and RON 500 (approximately EUR 125) maximum fee

Case Study	Expert
	Is use compulsory?	Cost
Case A	NO	Not applicable in this case
Case B	NO	Not applicable in this case

Costs for witness compensation, pledge or security and other relevant fees

Case Study	Witness compensation		Pledge or security
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost
Case A	Yes	Transport costs are reimbursed and, if the witness so requests, compensation for the time spent in court may also be recovered (depending on sources of income – e.g. employment contract etc)	Eventual requests for insuring evidence	RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty)
Case B	Yes	Transport costs are reimbursed and, if the witness so requests, compensation for the time spent in court may also be recovered (depending on sources of income – e.g. employment contract etc)	Eventual requests for insuring evidence	RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty)

Costs for legal aid and other reimbursement

Case study	Legal Aid
	When and under which conditions is it applicable?	When is support total?	Conditions?
Case A	Please see annex 1 attached	Please see annex 1 attached	Please see annex 1 attached
Case B	Please see annex 1 attached	Please see annex 1 attached	Please see annex 1 attached

Case study	Reimbursement
	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total what is percentage in general?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	Yes	In general 100% of the costs are reimbursed	If the mother wins, all the costs borne by her can be recovered from the father in this case	NO
Case B	Yes	In general 100% of the costs are reimbursed	If the mother wins, all the costs borne by her can be recovered from the father in this case	NO

Costs for translation and interpretation

Case study	Translation		Interpretation		Other costs specific to cross-border disputes?
	When and under which conditions is it necessary?	Approximative cost?	When and under which conditions is it necessary?	Approximative cost?	Description	Approximative cost?
Case A	Not applicable in this case	Not applicable in this case	When the party who should be heard by the court is deaf or mute, or does not know how to write.	RON 23.15 per hour (approximately EUR 6)	-	-
Case B	1. When documents submitted to the court (part of the case dossier) are written in another language. 2. In addition, when the party contests the accuracy of the document translated into Romanian, the court may request the translation of the document by an authorised translator.	The costs may vary according to the translation contract or, if the translation is performed by an authorised translator at the court’s request, a fee of RON 33.56 (approximately EUR 8) per page in A4 format should be paid.	If al least one of the parties does not speak Romanian. State A= Romania	RON 23.15 per hour (approximately EUR 6)	Yes, but are borne by the state	-

Last update: 03/11/2020

Case study 3 - family law - alimony - Romania

In this case study on family law – alimony, Member States were asked to advise the suing party on litigation costs on litigation costs in order to consider the following situations:

Case A – National situation: Two persons have lived together unmarried for a number of years. They have a three year old child when they separate. A court decision grants custody of the child to the mother. The only outstanding dispute relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this.

Case B – Transnational situation where you are a lawyer in Member State A: Two persons have lived together unmarried in a Member State (State B). They have a three year old child. They separate. A court decision in Member State B gives the child’s custody to the mother. With the agreement of the father, the mother and the child move to live in another Member State (Member State A) where they establish their residence.

An outstanding dispute remains. This relates to the amount of the alimony owed to the mother by the father for the support and education of the child. The mother sues on this in Member State A.

Costs in Romania

Costs for Court, Appeals and Alternative Dispute Resolution

Case Study	Court			Appeals
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees	Other fees
Case A	No court fees	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid	1. Legalisation – Attestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty) 2. Investing the court decision with an enforceable formula – RON 4.15 (approximately EUR 1) comprising RON 4 (court fee) and RON 0.15 (stamp duty) 3. Supra-legalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) – only if it is necessary for the party	No court fees	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid	-
Case B	No court fees	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid	1. Legalisation – Attestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty) 2. Investing the court decision with an enforceable formula – RON 4.15 (approximately EUR 1) comprising RON 4 (court fee) and RON 0.15 (stamp duty) 3. Supra-legalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) – only if it is necessary for the party	No court fees	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid	-

Case study	ADR
	Is this option open for this type of case?	Costs
Case A	Yes	Costs are provided in the mediation contract, as agreed by the parties and the mediator.
Case B	Yes	Costs are provided in the mediation contract, as agreed by the parties and the mediator

Costs for lawyer, bailiff and expert

Case Study	Lawyer		Bailiff
	Is representation compulsory ?	Average costs	Is representation compulsory?	Pre-judgment costs	Post-judgment costs
Case A	NO	Variable costs depending on the legal assistance contract Not applicable in this case, as representation is not compulsory	NO	Not applicable in this case, as only the court decision (issued post judgement) can be subject to enforcement, if the losing party (the father) does not execute it willingly	Granting enforcement of the court decision – RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty) Notification– RON 20 minimum fee (approximately EUR 5) and RON 400 maximum fee (approximately EUR 100) Bailiff’s fees – RON 50 (approximately EUR 12.5) minimum fee and RON 500 (approximately EUR 125) maximum fee
Case B	NO	Variable costs depending on the legal assistance contract Not applicable in this case, as representation is not compulsory	NO	Not applicable in this case, as only the court decision (issued post judgment) can be subject to enforcement, if the losing party (the father) does not execute it willingly	Granting enforcement of the court decision – RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty) Notification– RON 20 minimum fee (approximately EUR 5) and RON 400 maximum fee (approximately EUR 100) Bailiff’s fees – RON 50 (approximately EUR 12.5) minimum fee and RON 500 (approximately EUR 125) maximum fee

Case study	Expert
	Is use compulsory?	Cost
Case A	NO	Not applicable in this case
Case B	NO	Not applicable in this case

Costs for witness compensation, pledge or security and other relevant fees

Case Study	Witness compensation		Pledge or security
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost
Case A	Not applicable in this case, as no witnesses will be heard	Not applicable in this case, as no witnesses will be heard	If the party requests the grant of insurance measures (insuring sequester, garnishment)	RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty)
Case B	Not applicable in this case, as no witnesses will be heard	Not applicable in this case, as no witnesses will be heard	If the party requests the grant of insurance measures (insuring sequester, garnishment)	RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty)

Costs for legal aid and other reimbursement

Case study	Legal Aid			Reimbursement
	When and under which conditions is it applicable?	When is support total?	Conditions?	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total what is percentage in general?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organization?
Case A	Please see annex 1 attached	Please see annex 1 attached	Please see annex 1 attached	Yes	In general 100% of the costs are reimbursed.	If the mother wins, all the costs borne by her can be recovered from the father in this case	NO
Case B	Please see annex 1 attached	Please see annex 1 attached	Please see annex 1 attached	Yes	In general 100% of the costs are reimbursed.	If the mother wins, all the costs borne by her can be recovered from the father in this case	NO

Costs for translation and interpretation

Case study	Translation		Interpretation		Other costs specific to cross-border disputes?
	When and under which conditions is it necessary?	Approximative cost?	When and under which conditions is it necessary?	Approximative cost?	Description
Case A	Not applicable in this case	Not applicable in this case	When the party who should be heard by the court is deaf or mute, or does not know how to write.	RON 23.15 per hour (approximately EUR 6)
Case B	1. When documents submitted to the court (part of the case dossier) are written in another language. 2. In addition, when the party contests the accuracy of a document translated into Romanian, the court may request the translation of the document by an authorised translator.	The costs may vary according to the translation contract, or, if the translation is performed by an authorised translator at the court’s request, a fee of RON 33.56 (approximately EUR 8) per page in A4 format should be paid.	If at least one of the parties does not speak Romanian. State A = Romania	RON 23.15 per hour (approximately EUR 6)	Yes, but are supported by the State

Last update: 03/11/2020

Case study 4 - commercial law - contract - Romania

In this case study on commercial law – contract, Member States were asked to advise the seller on litigation costs in order to consider the following situations:

Case A – National situation: A company delivered goods worth 20.000 euros. The seller has not been paid because the buyer considers that the goods do not conform to what was agreed.

The seller decides to sue to obtain the full payment of the price.

Case B – Transnational situation: A company whose head office is located in Member State B delivers goods worth 20.000 euros to buyer in Member State A. The contract is subject to Member State B’s law and written in Member State B’s language. This seller has not been paid because the buyer located in Member State A considers that the goods do not conform to what was agreed. The seller decides to sue in Member State A to obtain full payment of the price as provided under the contract with the buyer.

Costs in Romania

Costs for Court, Appeals and Alternative Dispute Resolution

Case Study	Court			Appeals
	Initial court fees	Transcription fees	Other fees	Initial court fees	Transcription fees
Case A	RON 2,849.1998 (approximately EUR 710),comprising RON 2,844.1998 (court fee) and RON 5 (stamp duty)	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid	1. Legalisation – Attestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty) 2. Investing the court decision with an enforceable formula – RON 4.15 (approximately EUR 1) comprising RON 4 (court fee) and RON 0.15 (stamp duty) 3. Supra-legalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) – only if it is necessary for the party	50% of the initial court fees, namely RON 1,424.5999(approximately EUR 355)	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid
Case B	RON 2,849.1998 (approximately EUR 710),comprising RON 2,844.1998 (court fee) and RON 5 (stamp duty)	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid	1. Legalisation – Attestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty) 2. Investing the court decision with an enforceable formula – RON 4.15 (approximately EUR 1) comprising RON 4 (court fee) and RON 0.15 (stamp duty) 3. Supra-legalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) – only if it is necessary for the party	50% of the initial court fees, namely RON 1,424.5999(approximately EUR 355)	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid

Case study	ADR
	Is this option open for this type of case?	Costs
Case A	Yes	Costs are provided for in the mediation contract, as agreed by the parties and the mediator
Case B	Yes	Costs are provided for in the mediation contract, as agreed by the parties and the mediator

Costs for lawyer, bailiff and expert

Case Study	Lawyer		Bailiff			Expert
	Is representation compulsory ?	Average costs	Is representation compulsory?	Pre-judgment costs	Post-judgment costs	Is use compulsory?	Cost
Case A	NO	Variable costs depending on the legal assistance contract Not applicable in this case, as representation is not compulsory	NO	Not applicable in this case, as only the court decision (issued post judgment) can be subject to enforcement, if the losing party does not execute it willingly	Granting enforcement of the court decision – RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty) Notification– RON 20 minimum fee (approximately EUR 5) and RON 400 maximum fee (approximately EUR 100) Bailiff’s fees - maximum RON 2400 (approximately EUR 600)	NO	Variable cost which will be established by the court, depending on the complexity of the expertise.
Case B	NO	Variable costs depending on the legal assistance contract Not applicable in this case, as representation is not compulsory	NO	Not applicable in this case, as only the court decision (issued post judgment) can be subject to enforcement, if the losing party does not execute it willingly	Granting enforcement of the court decision – RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty) Notification– RON 20 minimum fee (approximately EUR 5) and RON 400 maximum fee (approximately EUR 100) Bailiff’s fees - maximum RON 2400 (approximately EUR 600)	NO	Variable cost, established by the court depending on the level of expertise required

Costs for witness compensation, pledge or security and other relevant fees

Case Study	Witness compensation		Pledge or security
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost
Case A	Yes	Transport costs are reimbursed and, if the witness so requests, compensation for the time spent in court may also be recovered (depending on sources of income – e.g. employment contract etc)	Eventual requests for insuring evidence (proofs of such preserved documents)	RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty)
Case A	Yes		If the party requests the grant of insurance measures (insuring sequester, garnishment)	RON 10.3 (approximately EUR 2.5) comprising RON 10 (court fee) and RON 0.3 (stamp duty)
Case B		Transport costs are reimbursed and, if the witness so requests, compensation for the time spent in court may also be recovered (depending on sources of income – e.g. employment contract etc)	Eventual requests for insuring evidence (proofs of such preserved documents)	RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty)
Case B	Yes		If the party requests the grant of insurance measures (insuring sequester, garnishment)	RON 10.3 (approximately EUR 2.5) comprising RON 10 (court fee) and RON 0.3 (stamp duty)

Costs for legal aid and other reimbursement

Case study	Legal Aid
	When and under which conditions is it applicable?	When is support total?	Conditions?
Case A	Not applicable	Not applicable	Not applicable
Case B	Not applicable	Not applicable	Not applicable

Case study	Reimbursement
	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total what is percentage in general?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organis ation?
Case A	Yes	In general 100% of the costs are reimbursed	All the costs can be reimbursed in this case. All the costs can be reimbursed, except for costs involved in the following situation: The buyer who admits the seller’s claim at the first hearing need not pay the judicial costs, except where he or she was notified before the hearing Where the court partially accepts the claims of both parties, the court will determine to which extent the parties can be ordered to pay the trial costs, and can also order the compensation of the expenses. Moreover, the court has the right to increase or reduce a lawyer’s fees where it finds that these are unreasonably low or high in relation to the value of the case or the work carried out by the lawyer.	NO
Case B	Yes	In general 100% of the costs are reimbursed	All the costs can be reimbursed in this case. All the costs can be reimbursed, except for costs involved in the following situation: The buyer who admits the seller’s claim at the first hearing need not pay the judicial costs, except where he or she was notified before the hearing Where the court partially accepts the claims of both parties, the court will determine to which extent the parties can be ordered to pay the trial costs, and can also order the compensation of the expenses. Moreover, the court has the right to increase or reduce a lawyer’s fees where it finds that these are unreasonably low or high in relation to the value of the case or the work carried out by the lawyer.	NO

Costs for translation and interpretation

Case study	Translation		Interpretation		Other costs specific to cross-border disputes?
	When and under which conditions is it necessary?	Approximative cost?	When and under which conditions is it necessary?	Approximative cost?	Description
Case A	In general, not applicable in this case	In general, not applicable in this case	When the party who should be heard by the court is deaf or mute, or does not know how to write	RON 23.15 per hour (approximately EUR 6)	- -
Case B	1. When documents submitted to the court (part of the case dossier) are written in another language. 2. In addition, when a party contests the accuracy of the document translated into Romanian, the court may request the translation of the document by an authorised translator.	The costs may vary according to the translation contract or, if the translation is performed by an authorised translator at the court’s request, a fee of RON 33.56 (approximately EUR 8) per page in A4 format should be paid	If at least one of the parties does not speak Romanian. State A = Romania	RON 23.15 per hour (approximately EUR 6)	Yes, they are borne by the State -

Last update: 03/11/2020

Case study 5 - commercial law - responsibility - Romania

In this case study on commercial law – responsibility, Member States were asked to advise the customer on litigation costs in order to consider the following situations:

Case A – National situation: A heating equipment manufacturer delivers a heater to an installer. The installer on-sells (and installs) the heater to a customer to equip his/her house. The house catches fire shortly thereafter. Every participant (heating equipment manufacturer, installer, end-customer) is insured. The origin of the fire is contested. Nobody wants to compensate the customer.

The customer decides to sue for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies.

Case B – Transnational situation: A heating equipment manufacturer in a Member State B delivers heater to an installer in a Member State C. The installer on-sells the heater (and installs) the heater to a customer in Member State A to equip his/her house. The house catches fire shortly thereafter. Each participant (heating equipment manufacturer, installer, end-customer) is insured by an insurance company in its own Member State. The origin of the fire is contested. Nobody wants to compensate the customer.

The customer decides to sue in Member State A for full compensation the heating equipment manufacturer, the heating equipment installer and the insurance companies in Member State A.

Costs in Romania

Costs for Court, Appeals and Alternative Dispute Resolution

Case Study	Court
	Initial court fees	Transcription fees	Other fees
Case A	The initial costs for bringing the action before the court (comprising court fee and stamp duty) depend on the amount (value) of the claim, as estimated by the applicant. These may vary between around EUR 0.5 and over EUR 1300	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid	1. Legalisation – Attestation in orderto obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty) 2. Investing the court decision with an enforceable formula – RON 4.15 (approximately EUR 1) comprising RON 4 (court fee) and RON 0.15 (stamp duty) 3. Supra-legalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) – only if it is necessary for the party
Case B	The initial costs for bringing the action before the court (comprising court fee and stamp duty) depend on the amount (value) of the claim, as estimated by the applicant. These may vary between around EUR 0.5 and over EUR 1300	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid	1. Legalisation – Attestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty) 2. Investing the court decision with an enforceable formula – RON 4.15 (approximately EUR 1) comprising RON 4 (court fee) and RON 0.15 (stamp duty) 3. Supra-legalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) – only if it is necessary for the party

Case Study	Appeals			ADR
	Initial court fees	Transcription fees	Other fees	Is this option open for this type of case?	Costs
Case A	50% of the initial costs for bringing the action before the court	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid	-	Yes	Costs are provided for in the mediation contract, as agreed by the parties and the mediator
Case B	50% of the initial costs for bringing the action to the court.	In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid	-	Yes

Costs for lawyer, bailiff and expert

Case Study	Lawyer		Bailiff			Expert
	Is representation compulsory ?	Average costs	Is representation compulsory ?	Pre-judgment costs	Post-judgment costs	Is use compulsory ?	Cost
Case A	NO	Variable costs depending on the legal assistance contract Not applicable in this case, as representation is not compulsory	NO	Not applicable in this case, as only the court decision (issued post judgment) can be subject to enforcement, if the losing party does not execute it willingly	Granting enforcement of the court decision – RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty) Notification– RON 20 minimum fee (approximately EUR 5) and RON 400 maximum fee (approximately EUR 100) Bailiff’s fees - depends on the sum awarded by the court as compensation	Yes	Variable costs, established by the court depending on the level of expertise required
Case B	NO	Variable costs depending on the legal assistance contract. Not applicable in this case, as representation is not compulsory	NO	Not applicable in this case, as only the court decision (issued post judgment) can be subject to enforcement, if the losing party does not execute it willingly	Granting enforcement of the court decision – RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty) Notification– RON 20 minimum fee (approximately EUR 5) and RON 400 maximum fee (approximately EUR 100) Bailiff’s fees - depends on the sum awarded by the court as compensation	Yes	Variable costs, established by the court depending on the level of expertise required

Costs for witness compensation, pledge or security and other relevant fees

Case Study	Witness compensation		Pledge or security
	Are witnesses compensated?	Cost	Does this exist and when and how is it used?	Cost
Case A	Yes	Transport costs are reimbursed and, if the witness so requests, compensation for the time spent in court may also be recovered (depending on sources of income – e.g. employment contract etc)	Eventual requests for insuring evidence (proofs such preserved documents)	RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty)
			If the party requests the grant of insurance measures (insuring sequester, garnishment	RON 10.3 (approximately EUR 2.5) comprising RON 10 (court fee) and RON 0.3 (stamp duty)
Case B	Yes	Transport costs are reimbursed and, if the witness so requests, compensation for the time spent in court may also be recovered (depending on sources of income – e.g. employment contract etc)	Eventual requests for insuring evidence (proofs such as preserved documents)	RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty)
			If the party requests the grant of insurance measures (insuring sequester, garnishment)	RON 10.3 (approximately EUR 2.5) comprising RON 10 (court fee) and RON 0.3 (stamp duty)

Costs for legal aid and other reimbursement

Case study	Legal Aid
	When and under which conditions is it applicable?	When is support total?	Conditions?
Case A	If the applicant is a natural person, please see annex 1 attached	If the applicant is a natural person, please see annex 1 attached	If the applicant is a natural person, please see annex 1 attached
Case B	If the applicant is a natural person, please see annex 1 attached	If the applicant is a natural person, please see annex 1 attached	If the applicant is a natural person, please see annex 1 attached

Case study	Reimbursement
	Can the winning party obtain reimbursement of litigation costs?	If reimbursement is not total what is percentage in general?	What costs are never reimbursed?	Are there instances when legal aid should be reimbursed to the legal aid organisation?
Case A	Yes	In general 100% of the costs are reimbursed.	All the costs can be reimbursed in this case All the costs can be reimbursed, except for costs relating to the following situation: The sued party who admitted the applicant’s claim at the first hearing need not pay judicial costs, except where the sued party was notified before the hearing In the case when the court partially accepts the claims of both parties, the court will determine to which extent the parties can be ordered to pay the trial costs. The court can also order the compensation of the expenses. Moreover, the court has the right to increase or to reduce the lawyers’ fees if they are found to be unreasonably low or high in relation to the value of the case or the work undertaken by the lawyer	NO
Case B	Yes	In general 100% of the costs are reimbursed	All the costs can be reimbursed, except for costs relating to the following situation: The sued party who admitted the applicant’s claim at the first hearing need not pay judicial costs, except where the sued party was notified before the hearing In the case when the court partially accepts the claims of both parties, the court will determine to which extent the parties can be ordered to pay the trial costs. The court can also order the compensation of the expenses. Moreover, the court has the right to increase or to reduce the lawyers’ fees if they are found to be unreasonably low or high in relation to the value of the case or the work undertaken by the lawyer	NO

Costs for translation and interpretation

Case study	Translation		Interpretation		Other costs specific to cross-border disputes?
	When and under which conditions is it necessary?	Approximative cost?	When and under which conditions is it necessary?	Approximative cost?	Description
Case A	In general, not applicable in this case	In general, not applicable in this case.	When the party who should be heard by the court is deaf or mute, or does not know how to write.	RON 23.15 per hour (approximately EUR 6)
Case B	1. When documents submitted to the court (part of the case dossier) are written in another language. 2. In addition, when a party contests the accuracy of the document translated into Romanian, the court may request the translation of the document by an authorised translator.	The costs may vary according to the translation contract or, if the translation is performed by an authorised translator at the court’s request, a fee of RON 33.56 (approximately EUR 8) per page in A4 format should be paid	If al least one of the parties does not speak Romanian. State A = Romania	RON 23.15 per hour (approximately EUR 6)	Yes, they are borne by the state

Last update: 03/11/2020