A European creditor obtains a favourable court judgment or arbitral award abroad, only to discover that the Romanian-domiciled debtor holds all meaningful assets inside Romania. Getting that judgment or award to produce legal effect in Romania is not automatic. Two distinct procedural systems apply. one for foreign court judgments and one for foreign arbitral awards – and each demands precise documentary compliance, jurisdictional analysis, and knowledge of the defences a Romanian court may accept.
Enforcing foreign judgments in Romania requires a recognition procedure before a competent Romanian civil court, resulting in an exequatur order (the formal judicial act recognising a foreign judgment as enforceable in Romania). The procedure applies to both EU and non-EU judgments, though EU instruments may streamline or bypass certain steps. Once recognition is granted, enforcement proceeds through the standard Romanian enforcement system, typically within four to ten months from first filing.
This guide covers the full step-by-step procedure, the documentary checklist, cost ranges, the separate path for arbitral award enforcement under the New York Convention. Common errors by foreign clients. Additionally, a decision framework for choosing the right approach.
Understanding Romania's recognition regime
Romania's civil procedure rules establish two parallel regimes for giving domestic effect to foreign decisions. The first applies to foreign court judgments. The second applies to awards issued by a foreign arbitral tribunal (an independent adjudicatory body constituted under institutional or ad hoc arbitration rules).
For judgments issued within the European Union, Council Regulation 1215/2012 – known in practice as Brussels I Recast – applies directly. Under this instrument, judgments from EU member state courts circulate without any recognition procedure for enforcement purposes in most situations. A creditor can proceed directly to enforcement using a certificate issued by the court of origin. This is a significant practical advantage. It removes the need for an exequatur hearing altogether in straightforward EU judgment cases.
For judgments from non-EU countries, Romanian civil procedure rules govern the process. Romania applies a condition-based recognition test. Courts examine whether the foreign judgment meets a defined set of requirements. They do not re-examine the merits of the decision. This distinction – review of procedure versus review of substance – is fundamental. A creditor who fails to demonstrate procedural regularity will face rejection, even if the underlying claim is sound.
For foreign arbitral awards, Romania is a signatory to the New York Convention (the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards). This treaty provides the primary legal basis for award enforcement. The Convention applies regardless of whether the seat of arbitration – the legal domicile of the arbitration proceedings – was in an EU or non-EU country. Romania's courts apply the Convention's limited grounds for refusal. They do not reassess the substance of the award.
Practitioners in Romania note that the domestic courts generally respect the principle of finality for both foreign judgments and arbitral awards. Challenges on public policy grounds are raised frequently by debtors but succeed only in exceptional circumstances. The key battleground is documentation – not the merits.
Step-by-step procedure for foreign judgment recognition
The following steps apply to non-EU foreign court judgments. EU judgments under Brussels I Recast follow an abbreviated path described at the end of this section.
Step 1 – Identify the competent court. Applications for recognition of foreign judgments are filed with the Tribunal (the intermediate civil court in Romania, sitting at county level). Jurisdiction is determined by the domicile or registered seat of the defendant within Romania. If the defendant has no registered address in Romania, the Tribunal of Bucharest has default jurisdiction.
Step 2 – Prepare the documentary package. The application must include the original judgment or a certified copy. A certificate of finality from the court of origin confirming that the judgment is final and no appeal is pending. Additionally, translations of all documents into Romanian. Translations must be certified by a sworn translator authorised in Romania. Documents originating from countries party to the Hague Apostille Convention require an apostille. Documents from countries outside that Convention require full diplomatic legalisation through the chain of consular authentication.
Step 3 – File the application and serve the defendant. The applicant's Romanian counsel files the application with the Tribunal registry. The court issues a summons to the defendant. Romanian procedural rules require formal service, which can be time-consuming when the defendant contests service or is located abroad. Delays in service are one of the most common sources of timeline extension in practice. Budget at least four to six weeks for service to be completed.
Step 4 – Hearing and examination of recognition conditions. The Tribunal examines the application at a hearing. The court verifies the following conditions: the foreign court had proper jurisdiction. the judgment is final. the defendant was duly served and had an opportunity to defend. the judgment does not violate Romanian public policy (ordine publică). and there is no conflicting Romanian judgment on the same matter between the same parties. The court does not examine whether the foreign court decided correctly on the merits.
Step 5 – Obtaining the recognition order. If all conditions are met, the Tribunal issues an order recognising the judgment. This order is itself subject to appeal within the standard timeframes under Romanian civil procedure rules. A defendant may appeal to the Curtea de Apel (Court of Appeal). In practice, contested recognition proceedings – including an appeal – can span eight to fourteen months in total.
Step 6 – Proceeding to enforcement. The recognition order, once final, serves as the enforcement title. The creditor then engages a Romanian bailiff (executor judecătoresc) to initiate attachment of assets, bank accounts, or real property. The bailiff operates under Romanian enforcement legislation. Attachment of immovable property requires entry in the Land Registry (Cartea Funciară).
For EU judgments under Brussels I Recast, the creditor presents the judgment together with the certificate from the court of origin directly to the bailiff, without a prior recognition hearing. Enforcement can begin almost immediately. The debtor retains the right to apply to a Romanian court to refuse or suspend enforcement on limited grounds after the fact.
For a detailed comparison of litigation-based and arbitration-based enforcement strategies in Romania, see our overview of litigation and arbitration services in Romania.
Enforcing foreign arbitral awards under the New York Convention
Foreign arbitral awards – whether issued under ICC Rules, UNCITRAL, or any other institutional or ad hoc rules – are enforced in Romania through the New York Convention mechanism. The procedure shares structural similarities with non-EU judgment recognition but has important differences in the applicable grounds for refusal.
The applicant files a petition with the Tribunal at the domicile of the award debtor. The documentary package must include the original arbitral award or a certified copy, the original arbitration agreement or a certified copy, and Romanian-language certified translations of both documents. Where an apostille or diplomatic legalisation is required depends on the country of the seat of arbitration.
The grounds on which a Romanian court may refuse to recognise a foreign arbitral award are listed exhaustively in the New York Convention. They include: the arbitration agreement was invalid. the award debtor was not given proper notice and an opportunity to present its case. the award deals with a matter outside the scope of the arbitration agreement. the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the parties' agreement. the award has not yet become binding or has been set aside at the seat of arbitration. the subject matter is not arbitrable under Romanian law. or enforcement would be contrary to Romanian public policy.
In practice, Romanian courts apply the public policy exception narrowly. Award debtors frequently invoke it, but courts sustain the objection only where enforcement would produce a result fundamentally at odds with core principles of Romanian law. A mere disagreement with the outcome of the award enforcement process does not reach that threshold.
One non-obvious risk: if the award was issued at a seat in a country that has not ratified the New York Convention, the Convention mechanism does not apply. In that situation, the creditor must rely on Romanian civil procedure rules for the recognition of foreign arbitral awards – a less predictable path. Verifying the Convention status of the seat of arbitration before commencing proceedings is essential.
A second practical point concerns interim measures. Pending recognition, a creditor concerned about asset dissipation can apply to a Romanian court for provisional asset freezing under Romanian civil procedure rules. This is an independent application and does not require the recognition proceedings to be concluded first. Speed matters: a debtor who becomes aware of an imminent enforcement action may seek to transfer or encumber assets.
To assess how asset disputes arising from enforcement can intersect with company-level remedies, see our guidance on corporate disputes in Romania.
Documentary checklist and common errors by foreign clients
Documentation failures account for the overwhelming majority of delays and rejections in Romanian enforcement proceedings. The checklist below applies to both foreign judgment and foreign award enforcement.
- Original judgment or award, or a certified copy bearing the court's or tribunal's seal
- Certificate of finality (for judgments) or confirmation that the award is binding (for awards)
- Original arbitration agreement or relevant contractual clause (for awards only)
- Certified Romanian translation of all documents by a sworn translator authorised in Romania
- Apostille or diplomatic legalisation chain, depending on the country of origin
The most common error is submitting translations certified in the country of origin rather than by a Romanian-authorised translator. Romanian courts do not accept foreign-certified translations as satisfying the domestic requirement. The application is returned or rejected on this ground alone.
A second frequent mistake involves finality certificates. Some foreign courts issue certificates that confirm only that no appeal was filed within a standard period, rather than confirming that the judgment is final and enforceable. Romanian courts read these certificates carefully. An ambiguous finality certificate triggers an objection from the defendant and a request from the court for supplementary documentation – adding weeks to the timeline.
A third error is failing to verify whether the defendant has assets in Romania before filing. Recognition proceedings take months and incur costs in the thousands of euros in professional fees and court charges. If the debtor has already dissipated or transferred its Romanian assets, enforcement of the recognised judgment or award may yield nothing. A preliminary asset search through public registries – the Trade Register (Registrul Comerțului), the Land Registry, and bank attachment procedures – is strongly advisable before committing to proceedings.
International clients also sometimes underestimate the role of proper service. Romanian civil procedure rules require formal judicial service of the application on the defendant. Arranging service through unofficial channels – for example, simply emailing the defendant's known address – does not satisfy this requirement. If service is defective, the defendant can challenge the recognition order on the basis that it did not have a proper opportunity to participate.
For context on how a comparable enforcement challenge was managed in another EU civil law jurisdiction, our guide on foreign judgment enforcement in Portugal illustrates the similarities and structural differences across EU member states.
Decision framework: which path suits your situation
This section sets out the conditions under which each enforcement path is appropriate, along with the key variables that should influence your strategic choice.
EU judgment – Brussels I Recast path. Use this path if the judgment was issued by a court in an EU member state and the judgment is final. This path is appropriate when the debtor has identifiable Romanian assets, no grounds exist for the debtor to argue enforcement is abusive, and speed is a priority. Costs are comparatively lower. Timeline from filing to first enforcement action: two to six weeks.
Non-EU foreign court judgment – recognition procedure. Use this path if the judgment originates from a non-EU jurisdiction with which Romania has a bilateral recognition treaty or applies the conditions of Romanian civil procedure rules. This path is applicable when: the foreign court had proper jurisdiction under its own law and Romanian conflict-of-laws rules. the judgment is final. the defendant was properly served in the original proceedings. and no conflicting Romanian judgment exists. Timeline: four to ten months for uncontested cases; up to fourteen months if the defendant appeals.
Foreign arbitral award – New York Convention path. Use this path if the award was issued at a seat located in a New York Convention signatory state and the award is binding. This path is preferable to the court judgment path when: the underlying contract contained a binding arbitration clause. the award debtor is a commercial entity with Romanian assets. and the award has not been set aside at the seat. The Convention grounds for refusal are narrower than those for foreign court judgments. Timeline: similar to non-EU judgment recognition – four to ten months for uncontested recognition.
Pre-enforcement asset freeze. In all three scenarios, consider whether an interim freezing order is warranted. This is appropriate when there is credible evidence of asset dissipation risk – for example, the debtor is actively selling property or transferring shares in Romanian companies. A freezing application can be filed in parallel with, or prior to, the recognition application.
The economics of enforcement matter. Professional fees for a contested recognition proceeding in Romania typically run into several thousand euros. Court fees are determined by the claim amount under Romanian civil procedure rules. Add translation and legalisation costs, which vary by document volume and source country. Assess the value of the judgment or award against these direct costs and the realistic likelihood of recovery before proceeding.
To receive a tailored assessment of your enforcement position in Romania, contact us at info@ferrazwhitmore.com.
Self-assessment checklist before filing
Before initiating recognition proceedings in Romania, verify the following conditions are met:
- The judgment or award is final and no appeal or setting-aside application is pending at origin
- The defendant holds identifiable assets in Romania – verified through public registry searches
- All documents have been apostilled or legalised for use in Romania
- Certified Romanian translations have been prepared by a Romanian-authorised sworn translator
- No conflicting Romanian court judgment on the same matter between the same parties exists
This enforcement path in Romania is applicable if: the originating court or arbitral tribunal had valid jurisdiction. the defendant received proper notice in the original proceedings. the subject matter of the judgment or award is not reserved exclusively for Romanian courts under mandatory jurisdiction rules. and the outcome does not conflict with fundamental principles of Romanian public policy.
If the debtor is a company, also verify its current registration status in the Trade Register. A company struck off or in insolvency proceedings requires a different approach – enforcement claims may need to be filed as insolvency claims rather than through the standard recognition route. That shift in strategy is triggered by the opening of formal insolvency proceedings in Romania.
Frequently asked questions
Q: How long does it take to enforce a foreign judgment in Romania?
A: The recognition procedure before a Romanian court typically takes between four and ten months, depending on the complexity of the matter and whether the defendant raises substantive objections. Where the debtor contests the application on public policy grounds, proceedings may extend further. An enforcement order, once obtained, allows creditors to pursue attachment of assets without further delay.
Q: Does Romania enforce foreign arbitral awards differently from foreign court judgments?
A: Yes. Foreign arbitral awards benefit from a distinct procedural path under Romania's obligations as a signatory to the New York Convention. The grounds for refusing recognition are narrower compared to those applicable to foreign court judgments. In practice, courts scrutinise the validity of the arbitration agreement and the conduct of the arbitral tribunal, but do not re-examine the merits of the award.
Q: Is it necessary to have a lawyer in Romania to file an enforcement application?
A: Representation by a lawyer in Romania is mandatory for recognition proceedings before Romanian courts. Engaging a law firm in Romania with cross-border enforcement experience significantly reduces the risk of procedural errors that could delay or invalidate the application. Correctly certified and translated documentation is a prerequisite, and local counsel manages the filing, service of process, and any oral hearing.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our team combines Portuguese civil law expertise with English common law tradition to deliver cross-border legal solutions in foreign judgment and arbitral award enforcement. We advise international businesses, institutional creditors, and in-house legal teams who need results-oriented counsel in Romania and across the European civil law system. Our litigation and arbitration practice covers enforcement proceedings across EU and non-EU jurisdictions, with specific experience before Romanian civil courts and in matters governed by the New York Convention. The firm's Lisbon base provides direct access to EU regulatory instruments, while our common law background strengthens enforcement and arbitration strategies across English-speaking jurisdictions. Ferraz & Whitmore participates in cross-border practice groups focused on dispute resolution and award enforcement across Europe and beyond. To discuss your enforcement position in Romania, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.