ROMANIA Law and Practice Contributed by: Carina Vermeșan and Vincențiu Constantin, Andronic and Partners
2.4 Stages of Court Proceedings Court proceedings in Romania generally follow a structured sequence comprising written and oral phases. Proceedings begin with the filing of a statement of claim, followed by the submission of a statement of defence and, where applicable, a reply. The court then conducts a preliminary stage focused on procedural issues and the administration of evidence, followed by hearings on the merits. The evidentiary phase may include documentary evi- dence, witness testimony and expert reports. After the evidentiary stage is completed, the court deliberates and issues a judgment. The duration of proceedings varies depending on complexity, but first-instance cases typically last between one and two years. Appeals may significantly extend the overall timeline, particularly in complex or Court proceedings in Romania are generally public, reflecting the principle of transparency in justice. Hearings are open to the public and judgments are typically published, subject to anonymisation of per- sonal data. However, courts may order closed hear- ings in exceptional circumstances, such as where confidentiality, public order or the protection of private life so requires. Certain categories of disputes, including those involv- ing minors or sensitive personal matters, may benefit from enhanced confidentiality protections. In com- mercial disputes, confidentiality is not the default rule, which is one factor driving parties to choose arbitra- tion in sensitive matters. 2.6 Interim Relief Romanian law provides a broad range of interim relief measures aimed at preserving rights, assets or evi- dence pending a final decision. These include: • conservatory attachment over assets; high-value disputes. 2.5 Confidentiality
not brought within the applicable limitation period, the claimant loses the right to seek judicial enforcement. 2.2 Court Structure The Romanian court system is organised hierarchi- cally across four levels of jurisdiction, ranging from district courts to tribunals, courts of appeal and, ulti- mately, the High Court of Cassation and Justice. At first instance, lower-value or less complex disputes are generally heard by district courts, while tribunals handle more significant commercial matters. Appeals are heard by the immediately higher court in the hierarchy. Decisions of district courts are appealed before tribunals, while decisions of tribunals are appealed before the courts of appeal. The High Court of Cassation and Justice, as the supreme court, ensures uniform interpretation and application of the law and hears further appeals lim- ited to points of law. Within this structure, specialised panels operate in areas such as commercial, administrative and insol- vency law, supporting consistency and expertise. Jurisdiction is determined by the value and nature of the claim, as well as territorial jurisdiction rules under Romanian law does not impose general pre-action conduct requirements before initiating court proceed- ings in commercial matters. However, in certain cas- es, parties may be required to undertake preliminary steps, such as filing a prior complaint in administrative disputes or attempting conciliation where contractu- ally agreed. If mandatory pre-action requirements are not met, where applicable, the claim may be dis- missed as inadmissible or considered premature. In practice, although not legally required, parties often engage in preliminary exchanges or negotia- tions before commencing proceedings, particularly in complex commercial disputes. the Civil Procedure Code. 2.3 Pre-Action Conduct
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