A foreign investor pursuing a contractual claim in Romania files a statement of claim, attaches supporting documentation, and waits. Months pass. A preliminary hearing is held. Then another. The defendant raises procedural objections. The court schedules expert appraisals. The process that appeared manageable on paper has become a prolonged, resource-intensive undertaking – and each delay costs the claimant not only time but recoverable position.
Commercial litigation in Romania is governed by civil procedure rules that combine a codified system with active judicial case management. Proceedings before the Commercial Section of the relevant district court or tribunal typically span twelve to thirty-six months at first instance, depending on case complexity and evidentiary requirements. International claimants must file a translated and apostilled statement of claim, satisfy jurisdictional requirements, and navigate procedural stages that differ materially from common law systems.
This page explains the legal instruments available for commercial disputes in Romania, the procedural stages claimants and defendants encounter. The cross-border considerations relevant to EU-seated parties and Portuguese businesses operating in Romania. Additionally, the self-assessment criteria for choosing the most effective litigation strategy.
Romania's commercial litigation environment
Romania operates a civil law system rooted in the French and Italian codified traditions. Commercial litigation is not separated into a distinct court division in every jurisdiction. instead. Commercial matters are handled by specialised panels within the general civil courts, following a unified civil procedure code that came into force in the early 2010s. The result is a procedural regime that is modern by design but demanding in practice.
Romanian civil procedure distinguishes sharply between substantive commercial law – drawn from the civil code, corporate legislation, and sector-specific regulatory rules – and procedural law, which governs how claims are initiated, heard, and resolved. For an international business client, the gap between these two layers creates predictable difficulties. A party that understands its substantive rights may still lose procedural ground through unfamiliarity with filing requirements, deadlines, or the rules governing evidence.
The courts competent to hear commercial disputes are organised in a hierarchy: judecătorii (first-tier local courts) handle lower-value matters. tribunale (tribunals) are the principal venue for significant commercial claims. Additionally, the Curți de Apel (Courts of Appeal) hear appeals on both law and fact. The Înalta Curte de Casație și Justiție (High Court of Cassation and Justice) serves as the supreme court for questions of law, ensuring doctrinal consistency across the court system. Understanding which court has jurisdiction over a given dispute. determined by the value of the claim, the nature of the subject matter. Additionally. Any choice-of-court agreement. is a threshold issue that cannot be corrected after filing without cost and delay.
Romania is a European Union member state. This means EU procedural instruments – including the Brussels I Recast Regulation governing jurisdiction and judgment recognition, the European Account Preservation Order, and the European Small Claims Procedure – are directly applicable. For cross-border claims, the EU dimension frequently defines both strategy and timelines more than domestic procedure alone.
Key legal instruments and procedural stages
Commercial litigation in Romania follows a multi-stage process. Each stage carries distinct requirements, and failure to meet them precisely can result in claim suspension, dismissal, or loss of evidentiary rights.
Statement of claim and pre-litigation obligations
Proceedings commence with the filing of a cerere de chemare în judecată (statement of claim) with the competent court. The claim must identify the parties, set out the factual basis, specify the legal grounds, list the evidence relied upon, and state the relief sought. Romanian civil procedure imposes a pre-litigation obligation for certain categories of commercial dispute: parties must attempt mediation or another form of prior dispute resolution before accessing the court. Failure to document this step correctly can result in the claim being declared inadmissible at the outset.
The court filing must include all evidence the claimant intends to rely on. This is a critical departure from common law discovery practice. Under Romanian civil procedure, evidence submitted after the initial filing is permitted only in defined circumstances. International clients who proceed without assembling a complete evidentiary package before filing risk being unable to introduce material documents at a later stage.
Interim measures and the interim injunction
Where a claimant faces an urgent risk – asset dissipation, continued contractual breach, or imminent insolvency of the debtor – Romanian civil procedure provides for interim relief. The primary instrument is the ordonanță președințială (interim injunction), which a court may grant on a summary basis, sometimes without hearing the opposing party. The court assesses urgency, the appearance of the right claimed, and the balance of harm. An interim injunction is temporary; it must be followed by substantive proceedings to preserve its effect.
A second instrument is the sechestru asigurător (precautionary seizure), which freezes a debtor's assets pending the outcome of substantive proceedings. This is particularly valuable where the defendant is suspected of moving assets across jurisdictions. The applicant must post security in most cases, and the value of that security is set by the court. Practitioners in Romania note that courts apply a relatively demanding standard for precautionary measures, and poorly prepared applications are frequently refused.
The main proceedings
Once the claim is filed, the court sets a procedural calendar. The written phase includes exchange of the statement of claim, the defendant's întâmpinare (defence), the claimant's reply, and any counterclaim. This phase can take three to six months in complex matters. The oral hearing phase follows, during which the court examines witnesses, considers expert reports, and hears oral argument. Judicial expertise – court-appointed technical or financial expert appraisal – is a standard feature of Romanian commercial litigation. The process adds time but also provides the court with an authoritative basis for factual findings.
First-instance judgments are subject to appeal (apel) before the Court of Appeal, which reviews both facts and law. A further extraordinary recourse (recurs) lies to the High Court of Cassation and Justice on points of law only. The total duration of proceedings through all three levels can extend to five years or more in contested high-value disputes. Calibrating the litigation strategy – including whether to pursue parallel negotiation or arbitration – requires a realistic assessment of this timeline from the outset.
For a detailed comparison of litigation and arbitration as dispute resolution mechanisms in Romania, see the firm's analysis of litigation and arbitration options in Romania, which addresses the conditions under which arbitration may be preferred.
To receive an expert assessment of your commercial dispute in Romania and understand which procedural path best suits your position, contact us at info@ferrazwhitmore.com.
Practical insights and common pitfalls for international clients
International businesses encounter a consistent set of difficulties in Romanian commercial litigation. Awareness of these pitfalls before filing changes outcomes materially.
Language and translation requirements
All documents submitted to Romanian courts must be in Romanian or accompanied by a certified Romanian translation. Apostilles are required for foreign public documents. International clients routinely underestimate the time and cost of document preparation. A large commercial contract with extensive correspondence, if drafted in English or another foreign language, requires full certified translation before it can be filed. Delays in preparing translations have caused claimants to miss statutory filing deadlines – with consequences that are difficult or impossible to reverse.
Evidentiary completeness at filing
As noted above, the front-loaded nature of Romanian civil procedure means that evidence must be identified and largely assembled before the statement of claim is filed. International clients accustomed to systems with broad post-claim disclosure obligations frequently arrive at the filing stage with incomplete document sets. Courts may grant limited extensions, but these are not guaranteed. The practical consequence is that a claimant who files prematurely may find itself arguing a weakened evidentiary case with no remedy.
Jurisdictional choice and forum agreements
Romanian courts will examine jurisdictional grounds carefully. Where the underlying contract contains a forum selection clause designating courts outside Romania, or an arbitration clause, the Romanian court must declare itself incompetent if the defendant raises the objection in time. Conversely, where the contract designates Romanian courts but is silent on the specific court, the claimant must determine the correct court based on civil procedure rules. and filing in the wrong court. Even in good faith, requires transfer proceedings that consume time without advancing the merits.
Enforcement is a separate procedure
Obtaining a favourable judgment is not the end of the process. Judgment enforcement in Romania is a distinct procedural phase, conducted by licensed executori judecătorești (judicial enforcement officers). The creditor must engage an enforcement officer, obtain a certified copy of the enforceable judgment, and initiate a separate enforcement procedure. The debtor has procedural rights to contest enforcement. Assets subject to enforcement are defined by legislation, and certain categories are exempt. Where the debtor's assets are located in another EU member state. The Brussels I Recast Regulation and the European Account Preservation Order provide mechanisms for cross-border enforcement. but these require separate applications and carry their own procedural requirements.
Corporate respondents and piercing corporate structures
Where the defendant is a Romanian company with limited assets, claimants sometimes seek to extend liability to shareholders or directors under corporate legislation. Romanian courts apply these provisions narrowly. Practitioners note that claims to pierce the corporate veil are frequently unsuccessful unless clear evidence of abuse or fraud is presented. International claimants relying on this strategy without sufficient factual preparation often invest significant litigation resources for a result that does not improve their recovery position.
Cross-border strategy: EU, Portugal, and international dimensions
Romania's EU membership gives cross-border commercial litigation a European dimension that operates in parallel with domestic procedure. For businesses with operations in both Romania and Portugal, or across multiple EU jurisdictions, the interaction between Romanian civil procedure and EU procedural instruments is commercially significant.
Jurisdiction under EU rules
Where the defendant is domiciled in an EU member state, the Brussels I Recast Regulation allocates jurisdiction between EU courts. General jurisdiction follows the defendant's domicile. Special jurisdiction rules apply for contractual claims – the courts of the place of performance – and for claims in tort. Choice-of-court agreements between businesses are enforceable under EU rules. Romanian courts are bound to apply these rules and to decline jurisdiction where another EU court has exclusive or designated competence.
For a Portuguese business pursuing a Romanian counterparty – or vice versa – the jurisdictional analysis under Brussels I Recast is the starting point. If Romanian courts have jurisdiction, the claimant proceeds in Romania. If Portuguese courts have jurisdiction, a Portuguese judgment must later be recognised in Romania for enforcement. The recognition process under EU law is largely automatic but requires a certified copy of the judgment and completion of a standard EU form. Contested recognition proceedings before Romanian courts remain possible in limited circumstances.
International clients managing disputes that span both jurisdictions will find relevant comparative analysis in our guide to commercial disputes in Portugal, which addresses parallel proceedings and enforcement strategy across civil law systems.
Choice of law
Romanian courts apply EU private international law rules – primarily the Rome I Regulation for contractual obligations and Rome II for non-contractual obligations – to determine which substantive law governs the dispute. A contract between a Portuguese seller and a Romanian buyer that is silent on governing law will have its governing law determined by Rome I default rules. Practitioners in Romania note that parties frequently assume their domestic law applies without examining whether the contract or the applicable EU regulation produces a different result. This error can affect the outcome on substantive issues including limitation periods, remedies, and default rules on performance.
Arbitration as an alternative
Romania has a developed arbitration culture. The Curtea de Arbitraj Comercial Internațional de pe lângă Camera de Comerț și Industrie a României (Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania). commonly referred to as the CCIR Court of Arbitration. administers domestic and international commercial arbitration proceedings. Romania is also a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Making Romanian arbitral awards enforceable in the overwhelming majority of commercial jurisdictions worldwide. Additionally, foreign awards enforceable in Romania.
For international commercial contracts with Romanian parties. This includes an arbitration clause designating an institutional venue such as the ICC, LCIA. Alternatively. The CCIR Court of Arbitration often provides a more predictable dispute resolution timeline than domestic litigation, particularly where the parties are from different legal traditions. The enforceability of the award across jurisdictions is a material factor in this analysis.
To discuss how cross-border litigation or arbitration strategy applies to your specific situation in Romania, reach out to info@ferrazwhitmore.com.
Self-assessment checklist before initiating commercial litigation in Romania
Commercial litigation in Romania is the appropriate course of action if the following conditions are met:
- The value of the claim justifies the anticipated costs of first-instance proceedings, potential appeal, and enforcement – which together can extend over several years.
- The defendant has identifiable assets in Romania or in an EU member state from which a judgment could be enforced.
- The contractual or statutory basis for the claim is clearly established under Romanian civil law or the applicable EU regulation.
- All documentary evidence supporting the claim is available, translatable, and capable of authentication to the standard required by Romanian civil procedure.
- No valid arbitration clause or exclusive choice-of-court agreement in favour of a foreign forum exists in the underlying contract.
Before filing a statement of claim, verify the following critical points:
- The limitation period under Romanian civil law – or the applicable governing law – has not expired. Romanian limitation periods vary by claim type and are strictly applied.
- Pre-litigation dispute resolution requirements have been satisfied and documented. Courts will examine compliance with mandatory mediation or pre-litigation notice obligations.
- The correct court has been identified based on claim value, subject matter, and any applicable choice-of-court agreement.
- A certified Romanian translation of all foreign-language documents is prepared or in preparation before filing.
- An interim injunction or precautionary seizure application has been assessed if there is a risk of asset dissipation pending the outcome of proceedings.
Where the conditions for litigation are met but the defendant's primary assets are located outside Romania, the preferred instrument may shift from domestic litigation to an EU-level enforcement measure or to international arbitration. The trigger indicator for this strategic shift is the mismatch between the location of the court's jurisdiction and the location of recoverable assets. If that mismatch is identified before proceedings commence, significant cost and time savings are achievable. Our guide to establishing a commercial presence in Romania provides background on the corporate structures that shape both liability and enforcement options in the Romanian market.
Frequently asked questions
- How long does commercial litigation in Romania typically take at first instance?
- First-instance proceedings in significant commercial matters before a Romanian tribunal typically take between twelve and thirty-six months, depending on case complexity, the number of parties, whether expert appraisal is ordered, and court scheduling. Appeals before the Court of Appeal add a further twelve to twenty-four months. Parties seeking a faster resolution often explore arbitration or mediated settlement as parallel tracks. Engaging a lawyer in Romania with experience in the specific court and subject matter can help manage procedural timelines more effectively.
- Can a Portuguese or other EU company enforce a foreign court judgment in Romania without re-litigating the claim?
- Under the Brussels I Recast Regulation, judgments issued by courts in other EU member states are recognised in Romania without a separate declaration of enforceability being required in most cases. The creditor obtains a certified copy of the judgment and the standard EU certificate from the issuing court, then presents these to a Romanian judicial enforcement officer to initiate enforcement. Contested recognition is possible only on narrow grounds – for example, where the judgment is irreconcilable with a Romanian judgment or where it was obtained in breach of fundamental procedural rights. A law firm in Romania with cross-border enforcement experience is essential for managing this process.
- Is it necessary to attempt mediation before filing a commercial claim in Romanian courts?
- Romanian civil procedure requires that parties in certain categories of commercial dispute demonstrate they have attempted mediation or another prescribed form of pre-litigation dispute resolution before the court will admit the claim. This is not a universal requirement across all commercial claim types, but failure to satisfy it where it applies results in the claim being declared inadmissible. The practical approach is to obtain a written record of the mediation attempt – or of the other party's refusal to participate – before filing. A Romanian law firm experienced in commercial litigation will verify whether the pre-litigation requirement applies to the specific claim and document compliance correctly.
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 commercial litigation, dispute resolution, and enforcement strategy. Our commercial litigation practice covers EU and non-EU jurisdictions, with direct experience of proceedings before civil law courts, EU procedural instruments, and institutional arbitration bodies including the ICC and CCIR. As a law firm in Romania matters, our attorneys advise international entrepreneurs, institutional investors. Additionally, in-house legal teams on commercial disputes. Interim measures. Additionally, judgment enforcement in Romania and across the wider Central and Eastern European region. The firm's Lisbon base provides direct access to Portuguese and EU regulatory rules, while our common law expertise supports enforcement and arbitration strategies in English-speaking jurisdictions. For a tailored strategy on commercial litigation 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.