European e-Justice Portal - Serving documents (recast)

FINDING COMPETENT COURTS/AUTHORITIES

The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.

Article 3(1) – Transmitting agencies

As regards judicial documents, the transmitting agencies are all Romanian courts: district courts, county courts, courts of appeal and the High Court of Cassation and Justice.

As regards extra-judicial documents, the transmitting agencies are the district courts under whose jurisdiction notaries and bailiffs have their registered offices.

Article 3(2) – Receiving agencies

The receiving agency for applications for service of judicial and extra-judicial acts from EU Member States is the district court under whose jurisdiction the recipient is domiciled or has their registered office.

Article 3(4)(c) – Means of receipt of documents

Post. Fax.

Article 3(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I

In addition to forms completed in Romanian, Romania also accepts standard forms completed in English or French.

Article 4 – Central body

Ministry of Justice

Directorate for International Law and Judicial Cooperation

Service for International Judicial Cooperation in Civil and Commercial Matters

Strada Apolodor 17, Sector 5, Bucharest 050741

Tel.: +40 37204 1077 Secretariat, Fax: +40 37204 1079:

E-mail: dreptinternational@just.ro; ddit@just.ro

Article 7 – Assistance in address enquiries

Personal data can only be supplied if there is a justified legal basis. Applications for personal data received from the police, the Ministry of National Defence, the Public Prosecutor’s Office, the courts, specialised social protection institutions with regard to minors or other persons entitled to protection, or from natural and legal persons whose legitimate interests are proven by documents demonstrating their legal basis, are regarded as justified legal basis. In the absence of a justified legal basis, personal data may be supplied only after obtaining the express and unequivocal prior consent of the data subjects.

Notwithstanding the above, in application of Article 7(1)(a) and (b), applications for information regarding the address in Romania of a natural person who is a Romanian citizen can be sent to the Department for Registration of Population and Database Management (DEPABD), str. Obcina Mare No 2, Sector 6, Bucharest, E-mail: depabd@mai.gov.ro; Website: https://www.onrc.ro/index.php/ro/informatii/informatii-rc#Raport

In addition, in application of Article 7(1)(a) and (b), information regarding the address of the registered office of a legal person may be requested online via the National Trade Register Office's InfoCert service. To access the National Trade Register Office's online services portal, a user account must be created on the online Recom portal. Once an account has been set up, the user may have free or paid access, depending on the type of service requested. More information can be found here.

The district court (receiving agency) is not obliged to investigate on its own initiative the current address of the addressee of the documents, if the address provided in the application is incorrect.

Article 8 – Transmission of documents

In addition to forms completed in Romanian, Romania also accepts standard application forms completed in English or French.

Article 12 – Refusal to accept a document

Not applicable.

Article 13 – Date of service

Not applicable.

Article 14 – Certificate of service and copy of the document served

In addition to forms completed in Romanian, Romania also accepts standard application forms completed in English or French.

Article 15 – Costs of service

Not applicable.

Article 17 – Service by diplomatic agents or consular officers

Romania declares that foreign diplomatic agents and consular agents may serve judicial and extra-judicial documents on Romanian territory only to citizens of the country they represent.

Article 19 – Electronic service

Not applicable.

Article 20 – Direct service

In accordance with Article 154(5) of the Code of Civil Procedure, at the request and expense of the interested party, procedural acts may be served directly by bailiffs, who are required to comply with the procedural formalities laid down in the Code of Civil Procedure for summoning and serving procedural acts.

In certain situations, Romanian legislation provides for the possibility for a person to serve extra-judicial documents directly through a bailiff (e.g. Article 1522(2) of the Civil Code – serving a written notice for payment to a debtor).

The list of sworn bailiffs can be consulted through this link.

Article 22 – Defendant not entering an appearance

Article 22(4)

An application for relief is inadmissible if it is filed after the expiry of the deadline of one year after the decision was pronounced.

Article 22(2)

The Romanian court may issue a decision, even if no certificate of service or delivery of the document instituting the proceedings or its equivalent has been received, provided that all the conditions laid down in Article 22(2) are fulfilled.

Article 29 – Relationship with agreements or arrangements between Member States

Not applicable.

Article 33(2) – Notification on the early use of the decentralised IT-system

Not applicable.

Last update: 26/06/2023

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