Case study 4 - commercial law - contract - Romania

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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 of proceedings


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)

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)

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

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Last update: 24/06/2019