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).
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 |
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 |
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 |
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 |
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 | - |
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
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.
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. |
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 |
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) |
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 |
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 | - |
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
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.
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 |
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 |
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) |
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 |
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 |
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
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.
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 |
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 |
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) |
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 |
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 - |
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.
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.
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 |
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 |
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) |
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 |
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 |
The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.