Litigation 2026

ROMANIA Trends and Developments Contributed by: Cosmin Vasile and Alina Tugearu, Zamfirescu Racoți Vasile & Partners Attorneys At Law

Despite these challenges, investment continues across key sectors, including real estate develop- ment and infrastructure, which remain significant parts of Romania’s economy. In this context, public procurement disputes persist as a significant source of litigation. Legislative reforms are ongoing, aimed at improving flexibility and efficiency in the public pro- curement system. Recent changes include adjust- ments to contractual clauses and clearer conditions for negotiations without prior publication. These reforms seek to facilitate major investment pro- jects – and to mitigate delays in implementing EU- funded initiatives. Historically, procurement-related litigation has been cited as a constant factor for delay in the implementation of European-funded projects, and this has caused the Romanian government to implement a series of strategic measures to ensure the observance of funding-related deadlines, such as eliminating certain formalities, shortening deadlines, etc. To accelerate the resolution of low-value claims, the monetary threshold for simplified proceedings was increased in 2025 to RON50,000 (from RON10,000), which creates the possibility for a larger volume of liti- gation to be solved in an expedited procedure. These cases are typically resolved on the basis of written submissions, and judgments are not subject to a sec- ond appeal. Another notable development concerns the appoint- ment of judicial experts. Beginning in 2025, Romanian courts may use a computerised system that allocates experts based on workload, ensuring greater trans- parency and efficiency in expert appointments. Romgaz challenges European Commission over CO 2 storage regulation In 2025, the European Commission adopted Delegat- ed Regulation (EU) 2025/1477, supplementing Regu- lation (EU) 2024/1735 of the European Parliament and of the Council. The new regulation sets out detailed rules for identifying authorised oil and gas producers that are required to contribute to the EU’s 2030 CO₂ injection capacity target, as well as the methodology for calculating their respective contributions and the associated reporting obligations.

The regulation aims to ensure that the EU meets its ambitious climate goals by mandating that major fossil fuel producers invest in carbon capture and storage infrastructure. It defines which producers are subject to the obligation – specifically those who extracted more than 610,000 tons of oil equivalent between 2020 and 2023 – and outlines how their share of the EU-wide target of 50 million tons of CO₂ injected annually by 2030 is to be calculated. However, the regulation has sparked controversy, particularly in Eastern Europe. Romgaz, Romania’s largest natural gas producer, has filed a direct legal action against the European Commission, challenging the fairness of the contribution formula. According to Romgaz, although Romania accounts for only around 3% of the EU’s total CO₂ emissions from the manufacturing sector, Romanian companies are being assigned more than 20% of the EU’s total CO₂ storage obligation. The company argues that this dis- proportionate burden places an unfair economic strain on Romanian producers and undermines the principle of equitable burden-sharing across member states. The legal action was officially lodged in mid-October, and its outcome could have significant implications for the implementation of the EU’s climate strategy, par- ticularly in how responsibilities are distributed among member states and industry players. The case is being closely watched by stakeholders across the energy and environmental sectors, as it may set a precedent for how the EU balances climate ambition with eco- nomic fairness among its diverse member states. Romanian magistrates protest pension reform law In mid-2025, the Romanian government adopted an emergency ordinance aimed at reforming the pension system for magistrates, as part of broader efforts to ensure long-term fiscal sustainability and to meet commitments made to the European Union under the National Recovery and Resilience Plan (NRRP). How- ever, the move created significant controversy and led to a wave of protests across the judiciary system. The reform included measures such as raising the retirement age, increasing the required years of ser- vice and reducing the pension replacement rate, and

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