MOLDOVA Law and Practice Contributed by: Vladislav Roșca, Ina Jimbei and Mădălina Luca, EFRIM, ROŞCA & Associates
Ignoring exclusive jurisdiction is a ground for refusing recognition of a foreign judgment. 3.4 Initial Complaint The initial complaint shall comprise: • the name of the court to which it is addressed; • the identification data of the parties; • the description of the violation or threat of viola- tion of the plaintiff’s rights, freedoms or legitimate interests; • the claims and their factual and legal grounds; • the list of the evidence supporting the claim; • the value of the claim, if it can be assessed; • a reference to the observance of pre-action con- duct if required by law or by contract between the parties; and • the signature of the plaintiff or of their representa- tives. The initial complaint shall be accompanied by sup- porting documents, including: • proof of payment of the court fee and/or stamp duty; • the empowering document; • the documents that substantiate the factual and legal grounds of the claim; and • where applicable, the proof of compliance with the pre-action conduct. The plaintiff can amend the grounds (legal or factual basis) and the object of the claim (eg, request resolu- tion instead of enforcement) only in the preparatory stage. Any amendment made after the preparatory stage is considered a new claim, which can be filed separately. The evidence shall be submitted with the statement of claim or within the deadline set by the court during the preparatory stage. Submission of evidence after this time limit is allowed only if the party proves that timely submission was impossible. 3.5 Rules of Service The service of the procedural documents is the responsibility of the court.
The statement of claim and other procedural docu- ments are served to the participants against signature in the following ways: • by post with registered letter and with the notice of receipt; • through the bailiff’s office; • at the electronic address indicated in the statement of claim/defence or registered in the Integrated File Management Programme; • through judicial delegation; or • by any other means that ensures the confirmation of its receipt. If the plaintiff proves that they were unable to provide the defendant’s address, service is made publicly in the press or in a local newspaper. The persons residing or domiciled abroad with a known address are served by post with a registered letter and with the notice of receipt. If a foreign plaintiff or defendant files the statement of claim or defence through a representative, it shall indicate the address in Moldova where court communications will be sent. 3.6 Failure to Respond The defendant’s failure to respond to a lawsuit does not impede the continuation of the proceedings, pro- vided they were legally summoned. If the defendant does not submit the statement of defence and sup- porting evidence within the time limit established by the court, the court retains the authority to proceed with the examination of the case based on the materi- als available in the case file. If a party is unable to attend a court hearing, they are obliged to communicate the reasons for their absence to the court. Should the defendant, having been legal- ly summoned, not appear and not provide a justified explanation for their absence, or should such reasons be deemed ungrounded by the court, the proceedings continue in their absence. 3.7 Representative or Collective Actions The concept of collective actions is not regulated under Moldovan legislation. However, the CPC pro- vides for procedural co-participation, which allows
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