ROMANIA Law and Practice Contributed by: Cosmin Vasile and Alina Tugearu, Zamfirescu Racoți Vasile & Partners Attorneys At Law
a successful party to collect interest until the other party fulfils its obligations, with the court being able to determine the amount of interest accrued prior to filing the complaint. Further interest amounts that will accrue until the obligations are performed are calcu- lated by the enforcement officer (bailiff). The statute of limitation that applies to the accrued interest is three years. 9.4 Enforcement Mechanisms of a Domestic Judgment Any final judgment or order issued by a court can be enforced by an enforcement officer under the court’s supervision, at the request of the creditor, if the debtor does not comply with court orders. Enforcement pro- cedures may consist of the capitalisation of movables and immovables or the garnishment of bank accounts. 9.5 Enforcement of a Judgment From a Foreign Country A judgment from a foreign country that is not willingly complied with by the losing party might be enforced on Romanian territory, following a successful request by the interested party that the enforcement be approved by the tribunal in whose jurisdiction the enforcement is going to take place. The approval of the enforcement is admitted under the same conditions imposed for the recognition of a judgment from a foreign coun- try (detailed below), with the additional condition that the judgment intended to be enforced is enforceable according to the law of the issuing country. A foreign judgment is either duly recognised or prone to undergo a recognition procedure, according to the nature of the litigation. Therefore, a foreign judgment is duly recognised in the following circumstances: • when it relates to the personal status of the citizens of the state in which it was issued; • if it has previously been recognised in the citizen- ship state of each party; • if it was issued according to the applicable law, pursuant to Romanian international private law; • if it is not contrary to Romanian public order; and • if the right to defence was respected.
In cases other than those stated above, foreign judg- ments are recognised following a judicial procedure, provided that: • the judgment is final according to the law of the issuing state; • the issuing court had competence to settle the trial; and • there are reciprocal agreements regarding the effects of foreign judgments between Romania and the issuing state.
10. Appeal 10.1 Levels of Appeal or Review to a Litigation
As a rule, a first-court judgment is subject to appeal. The request for appeal has to be filed within (a general term of) 30 days after the communication of the judg- ment to the parties. The judgment issued by the court of first appeal is subject to a second appeal that can only be filed for particular reasons. In certain cases, strictly provided by law, the ruling issued by the appeal court cannot be challenged by means of a second appeal. The law also provides for exceptional means of appeal, in particular cases. 10.2 Rules Concerning Appeals of Judgments An appeal will be granted if: • it is admissible; • it meets all the requirements of any claim before the court (it is signed by the party or its legal repre- sentative, the party filing it bears an interest to this effect, the corresponding stamp fees have been paid); and • it is grounded. For a second appeal to be granted, it is necessary that the grounds invoked when filing the second appeal are those stipulated by law for which a second appeal may be filed.
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