Small claims

Romania

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FINDING COMPETENT COURTS

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Romania

European cross-border procedures - Small claims


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Article 25 1 (a) Competent courts

The jurisdiction to determine small claims at first instance lies with the district courts. Their decisions are subject to appeal before a tribunal only, within 30 days of the decision being issued. See Article 2 of Article I10 of Emergency Government Order No 119/2006 on measures necessary to implement certain Community Regulations from the date of Romania’s accession to the EU, approved by Law No 191/2007, as amended.

Article 25 1 (b) Means of communication

  • According to the ordinary procedure laid down in Article 148(2) CCP, an application submitted to court in person or by a proxy may be written in an electronic format, if it complies with the conditions laid down by law (the regulation also applies, where appropriate, in cases where the CCP requires that the submissions, arguments or conclusions of the parties or any other procedural documents submitted to court be in writing – Article 148(3) CCP).
  • According to the ordinary procedure laid down in Article 199(1) CCP, a statement of claim lodged in person or by a proxy, by post, courier, fax or scanned and sent by email or as an electronic document is registered and stamped with the date of receipt.
  • Moreover, in the special procedure for small claims (applicable to internal disputes), the claimant initiates these proceedings by completing an application form and submitting or sending it to the competent court by post or by any other means that ensures that a confirmation of receipt can be issued (Article 1029(1) CCP).

Article 25 1 (c) Authorities or organisations providing practical assistance

In accordance with Article 11(1) of Regulation No 861/2007, as amended, practical assistance in filling in the application form is provided by the lawyers appointed for this purpose on a rotating basis, every three months, as part of the judicial assistance service by each bar association. The list of lawyers thus appointed and their contact details can be seen on the website of the National Union of Romanian Bar Associations and of each association, and is communicated to each court for display at their premises and on the court portal. For the practical assistance provided, the lawyer is entitled to a fee, which is fixed by the protocol concluded, in accordance with the law, for determining the fees payable to lawyers for the provision of out-of-court and legal aid services. The lawyer shall not be entitled to receive from the person assisted any remuneration or other reward, in whatever form. See Article 1 of Article I10 of Emergency Government Order No 119/2006 on measures necessary to implement certain Community Regulations from the date of Romania’s accession to the EU, approved by Law No 191/2007, as amended.

Article 25 1 (d) Means of electronic service and communication and methods for expressing consent for thereof

  • Art. 154(6) CCP

(6) Summonses and other procedural documents may be served by the court clerk and by fax, e-mail or other means that ensure the transmission of the document’s content and the acknowledgement of receipt thereof, where the party concerned indicated to the court his/her contact details for this purpose. For acknowledgment purposes, when it sends a procedural document the court also sends a form containing the following: the name of the court, the date, the name of the clerk concerned and the documents sent; this form is to be filled out by the addressee with the date of receipt, the name written clearly, and the signature of the person responsible for receiving correspondence. The form is returned to the court by fax, e-mail, or other means. Summonses and other procedural documents shall be deemed to have been served when a message is received from the system used that they have arrived at the addressee according to the information provided by him/her.

  • Art 205(2) (a) CCP

The reply shall include: the name and surname, personal identification number, domicile or residence of the defendant or, for legal persons, the name and registered office and, where appropriate, the registration code or the tax identification number, the entry number in the trade register or register of legal persons, and the bank account if the claimant has not already mentioned it in the statement of claim. The provisions of Article 148(1) sentence II shall apply accordingly. If the defendant lives abroad, the reply will also indicate an address in Romania where all communications concerning the case will be sent.

  • Art. 194 (a) CCP

The statement of claim shall include:

a) the name and surname, domicile or residence of the parties or, for legal persons, their name and registered office. It shall also include the personal identification number or tax identification number, the entry number in the commercial register or entry in the register of legal persons, and the bank account of the applicant and the defendant, if the parties possess or have been assigned those identifiers in accordance with the law, insofar as they are known to the applicant. The provisions of Article 148(1) sentence II shall apply accordingly. If the claimant is living abroad, the reply will also indicate an address in Romania where all communications concerning the case will be sent.

  • Art. 148(1)-(3) CCP

(1) Any request addressed to the courts must be made in writing and must include the name of the court to which it is addressed, the name and surname, the domicile or residence of the parties or, where applicable, the name and place of their business, the name and surname, domicile or residence of their representatives, where appropriate, the object, the value of the claim, where applicable, the grounds for the claim and the signature. The request must, where applicable, also include an email address or contract details designated for the purpose by the parties, and a telephone number, fax number and similar.

(2) Applications made in person or by proxy may be written in an electronic format, if it complies with the conditions laid down by law.

(3) The provisions of paragraph (2) also apply accordingly in cases where this Code requires that the submissions, arguments or conclusions of the parties or any other procedural documents submitted to court be in writing.

  • Art. 169 CCP

After a case has been brought before court, applications, replies or other documents may be sent directly to the court by a lawyer or legal adviser if the parties have one. In this case, the recipient of the request will certify receipt of the copy lodged at the court or, where appropriate, by any other means which ensures that this procedure is completed.

  • Art. 199(1) CCP

(1) A statement of claim lodged in person or by a proxy, by post, courier, fax or scanned and sent by email or as an electronic document is registered and stamped with the date of receipt.

  • Art. 149(4) CCP

(4) If the statement has been communicated, in accordance with the law, by fax or e-mail, the clerk is automatically required to make copies of the statement, at the expense of the party obliged to do so. The provisions of Article 154(6) shall continue to apply.

  • In the special procedure for small claims (applicable to internal disputes), the claimant initiates these proceedings by completing an application form and submitting or sending it to the competent court by post or by any other means that ensures that a confirmation of receipt can be issued (Article 1029(1) CCP).

Article 25 1(e) Persons or professions, obliged to accept service of documents or other written communications by electronic means

  • If the court, in accordance with the law, communicates procedural documents electronically, the parties are implicitly obliged to accept communications made in this way. This applies only when the parties (or their representatives, including lawyers) have provided their e-mail address (see also the reply to (d)).
  • If a party, in accordance with the law, communicates procedural documents electronically, the court is implicitly obliged to accept communications made in this way.

Article 25 1 (f) Court fees and the methods of payment

  • Article 10(1)(b), (2) and (3) of Emergency Government Order No 80/2013 on judicial stamp duties

(1) With regard to enforcement, the applications listed below are subject to the following duties:

(…)

b) application for suspension of enforcement, including provisional enforceability - RON 50.

(2) If the enforcement is contested, the duty is calculated on the value of the goods enforcement of which is contested, or on the amount of the debt in question, when the debt is lower than the value of the goods. This duty may not exceed RON 1 000, irrespective of the amount in dispute. If the subject of the enforcement cannot be valued in money, the objection to the enforcement proceedings will be subject to duty of RON 100.

(3) If the objection to enforcement proceedings also refers, under the conditions laid down in Article 712(2) of the Code of Civil Procedure, to reasons of fact or of law relating to the substance of the law, stamp duty is determined according to Article 3(1).

  • Article 33(1) of Emergency Government Order No 80/2013 on judicial stamp duties

Judicial stamp duties shall be paid in advance, except where provided for by law.

  • Article 40(1) and (2) of Emergency Government Order No 80/2013 on judicial stamp duties

If the person liable to pay the judicial stamp duty has no domicile or residence or, where applicable, registered office in Romania, the stamp duty shall be paid into the local budget account of the administrative unit in which the court introducing the action or application is based, in cash, by bank transfer or on-line system; this account shall be a separate account of the local budget revenue for ‘judicial and other stamp duties’ at the administrative territorial unit where the natural person has his domicile or residence or, where applicable, where the legal person has its registered office.

  • Small claims made in accordance with the special procedure laid down in the Code of Civil Procedure or under the Small Claims Regulation shall be taxed at RON 50 if the value of the claim does not exceed RON 2 000 or if the value in euro does not exceed the equivalent of RON 2 000, and RON 200 for claims the value of which exceeds RON 2 000 or the equivalent in euro. See Article 6(1) of Emergency Order No 80/2013 on judicial stamp duties.
  • N.B.: The website http://portal.just.ro/SitePages/acasa.aspx, for each court, has a subsection entitled ‘Bine de știut’ [Useful facts], containing information on the accounts into which stamp duties can be paid.

Article 25 1 (g) Appeal procedure and courts competent for an appeal

  • In accordance with Article 17 of the Regulation, an appeal may be lodged with a tribunal (court of second instance) within 30 days of the decision being issued (Articles 466(1), 468(1) and 94(1)(k) in connection with Article 95(2) CCP).
  • N.B.: In the special procedure for small claims (applicable to internal disputes), the district court decision is subject to appeal before a tribunal only, to be lodged within 30 days of the decision being issued (Article 1033(1) CCP).

Article 25 1 (h) Review of the judgment procedure and courts competent to conduct such a review

  • Rules of the ordinary procedure:

- an appeal for annulment of the final judgment (extraordinary appeal) can be made if the applicant was not duly summonsed and was not present at the proceedings; the appeal for annulment is lodged with the court whose judgment is being contested (Articles 503(1) and 505(1) CCP);

- review (extraordinary appeal) of a judgment on the substance (or not) may be required if the party was prevented from appearing in court and notifying the court thereof, due to circumstances beyond his control; the application for review must be sent to the court that issued the decision for which review is requested (Article 509(1)(9) and (2) and Article 510(1) CCP);

- a party who misses a deadline is only given a new deadline if he can give duly justified reasons for the delay; to that end, the party complies with the procedural document no later than 15 days from the end of the event preventing performance and requests a new deadline at the same time; in the case of appeals, this deadline is identical to that foreseen for appeals procedures; the request for a new deadline shall be dealt with by the court competent to hear an application relating to the right exercised within the deadline (Article 186 CCP).

The application for review shall be subject to the jurisdiction of the court whose decision is being challenged. See Article 3 of Article I10 of Emergency Government Order No 119/2006 on measures necessary to implement certain Community Regulations from the date of Romania’s accession to the EU, approved by Law No 191/2007, as amended.

Article 25 1 (i) Accepted languages

Romanian

Last update: 01/10/2021

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