ROMANIA Law and Practice Contributed by: Cosmin Vasile and Alina Tugearu, Zamfirescu Racoți Vasile & Partners Attorneys At Law
deadline from the moment the provisional meas- ures were granted. For example, provisional measures related to intellectual property rights may be ordered even before a claim on the mer- its of the case is filed. However, such provisional measures will cease to exist if the claim on the merits is not filed within 30 days after the provi- sional measures are awarded. The other party’s case cannot be struck out before trial, but it can be struck out before the substantive hearing of the claim if a plea/objec- tion is admitted to the effect of the strike out, regardless of whether the claim is procedural (for example, the failure to pay stamp fees, the lack of representation powers of the representative filing the claim, or the violation of the filing dead- line) or for substantive reasons (for example, a claim alleging a statute limitation). 4.3 Dispositive Motions Dispositive motions are not available in the Romanian jurisdiction. 4.4 Requirements for Interested Parties to Join a Lawsuit There are several possibilities for a third party to join ongoing civil proceedings, either voluntarily or compulsorily. A third party bearing an interest can voluntarily join an ongoing procedure, either to support one of the parties’ positions (accessory joinder claim) or to settle its own right in connection with the ongoing procedure (main joinder claim). Another situation in which a third party can join an ongoing procedure is a forced joinder, by means of which any party, including someone who has filed a main joinder claim, can request participation in the proceedings of a third party that can claim the same rights as the claimant.
A party in an ongoing procedure may also file a forced guarantee joinder against a third party that may be held liable through a separate claim, with regard to the main claim. When a defendant is holding an asset for anoth- er or exercising a right in the name of another, issued in connection with an in rem right, the defendant may indicate the person on whose behalf it is holding the asset or exercising the right by means of a joinder claim against a third party. There are also several cases in which the court may order a joinder, even in the absence of the parties’ consent. 4.5 Applications for Security for Defendant’s Costs Applications for an order that the claimant pay a sum of money as security for the defendant’s costs are not regulated under Romanian law. 4.6 Costs of Interim Applications/ Motions There are no provisions governing the manner in which the court will order the parties to cover the costs of litigation in interim applications/ motions. Given the timeframe of such applica- tions (namely, before the hearing of the claim or even before the trial), the court will not order costs for such applications when deciding on the interim applications themselves but will take such costs into account when ordering all the costs accrued at the end of the trial. 4.7 Application/Motion Timeframe Under the general rules of civil procedure, fol- lowing the registration of the action or claim, a preliminary written procedure takes place sole- ly between the court and the claimant, during which the court makes sure that the claim com-
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