Obtaining a favourable judgment abroad does not, in itself, guarantee recovery of a debt from a debtor with assets in Romania. For the judgment to take effect here and to serve as the basis for enforcement, certain conditions must be met.
The applicable procedure depends on the State in which the judgment was given and on the relevant European or international rules. Judgments from EU Member States generally benefit from a simplified enforcement regime, whereas judgments given outside that area may require recognition or leave to enforce from the Romanian courts. For judgments from the UK, determining the procedure also requires examining the date on which proceedings were commenced and the applicable international conventions.
1. Recognition or enforcement: what is the difference?
Where a natural or legal person obtains a favourable judgment against a debtor in Romania, the first step is to establish what steps are needed for the judgment to take effect and for the debt to be recovered. Depending on the objective pursued, a distinction must be drawn between recognition of the foreign judgment and its enforcement.
Recognition allows a judgment given abroad to produce legal effects in Romania, including res judicata effect, under the conditions laid down by law. It may be sought by way of a separate application or raised as an incidental issue in proceedings pending before a Romanian court.
Enforcement seeks the actual performance of the obligations established by the judgment. If the debtor does not comply voluntarily, the creditor may, under the conditions laid down by law, resort to measures such as garnishment of bank accounts, enforcement against movable or immovable property, or realisation of the debtor’s other assets.
The two steps are closely linked but distinct. The applicable procedure depends on the State in which the judgment was given and on the rules governing its recognition and enforcement in Romania. It is therefore important to identify the legal regime applicable to the judgment before taking any steps to recover the debt.
2. Judgments from the European Union: enforcement without exequatur
For judgments given in civil and commercial matters in other EU Member States, the principal legal instrument is Regulation (EU) No 1215/2012, known as the Brussels I bis Regulation (the “Regulation”). It abolished the exequatur procedure for judgments falling within its scope. A judgment that is enforceable in the Member State of origin may therefore be enforced in Romania without any prior procedure for a declaration of enforceability.
The abolition of exequatur simplifies matters for the creditor, but it does not mean that enforcement takes place without formalities. To seek enforcement in Romania, the creditor must produce a copy of the judgment satisfying the conditions necessary to establish its authenticity and the certificate under Article 53 of the Regulation, issued by the court of origin.
The documents are produced in the course of the enforcement proceedings in Romania. The certificate must be served on the debtor before the first enforcement measure, under the conditions laid down in the Regulation.
Enforcement is then governed by Romanian procedural rules, including those on the Romanian court’s authorisation of enforcement (încuviințarea executării silite). The absence of exequatur should therefore not be confused with the removal of this step from the national procedure.
The debtor may apply for refusal of enforcement only on the grounds set out in the Regulation. These include, for example, cases where enforcement would be manifestly contrary to public policy in Romania, or where the judgment was given in default of appearance and the document instituting the proceedings was not served on the debtor in sufficient time and in such a way as to enable the debtor to arrange for their defence. The Romanian court may not review the foreign judgment as to its substance.
European Enforcement Order, European order for payment and small claims
In addition to the general rules on the recognition and enforcement of judgments, EU law provides creditors with procedural instruments designed to simplify debt recovery in situations falling within their scope.
These include the European Enforcement Order for uncontested claims, governed by Regulation (EC) No 805/2004, the European order for payment, provided for in Regulation (EC) No 1896/2006, and the European Small Claims Procedure, governed by Regulation (EC) No 861/2007.
Under the conditions laid down in each regulation, these instruments make it possible to obtain or enforce a judgment in another Member State without going through the ordinary exequatur procedure. Enforcement proper, however, remains subject to the procedural rules of the State in which enforcement is sought against the debtor’s assets.
3. Judgments from Switzerland, Norway and Iceland: the Lugano Convention
For judgments given in civil and commercial matters in Switzerland, Norway and Iceland, recognition and enforcement in Romania are governed by the 2007 Lugano Convention. Unlike the regime applicable to judgments from most EU Member States, this Convention retains a prior procedure for a declaration of enforceability.
The creditor must apply to the competent tribunal (county court) in Romania (the tribunal for the debtor’s domicile or registered office, or for the place of enforcement) for the judgment to be declared enforceable. The application must be accompanied by the foreign judgment, the certificate in Annex V to the Convention and the other documents it requires. At the first stage, the tribunal checks that the necessary formalities have been completed, without the debtor being entitled to make submissions on the application. The debtor may subsequently challenge the declaration of enforceability, under the conditions and within the time limits laid down in the Convention.
The length of the procedure depends on the competent court, the completeness of the documents and any challenges. Depending on the circumstances of the case, the creditor may also consider applying for protective measures in Romania to safeguard the debtor’s assets until the enforcement steps are completed.
4. Judgments from the UK after Brexit
Following Brexit, the recognition and enforcement in Romania of judgments given in the UK depend on when the proceedings were commenced and on the applicable international conventions. In some cases, the existence of an exclusive choice-of-court agreement and the date on which it was concluded are also relevant.
| Proceedings commenced | Regime applicable in Romania |
|---|---|
| Before 1 January 2021 | Brussels I bis Regulation, under the Withdrawal Agreement: enforcement without exequatur |
| Between 1 January 2021 and 30 June 2025 | 2005 Hague Choice of Court Convention, if there is an exclusive choice-of-court clause in favour of the UK courts; otherwise, exequatur under the Code of Civil Procedure |
| After 1 July 2025 | 2019 Hague Judgments Convention; where there is an exclusive choice-of-court clause, the 2005 Hague Choice of Court Convention |
The 2005 Hague Convention on Choice of Court Agreements applies mainly to civil and commercial disputes in which the parties have concluded an exclusive choice-of-court agreement. It does not cover every judgment given by a UK court, nor interim or protective measures. For agreements concluded before 1 January 2021, the position of the UK differs from that expressed by the EU institutions as regards the temporal application of the Convention. The date on which the jurisdiction clause was concluded must therefore be checked in each case.
The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters entered into force for the European Union on 1 September 2023 and for the UK on 1 July 2025. Its application requires the conditions of the Convention to be met, including those relating to its scope and to the time at which proceedings were instituted in the State of origin. The Convention sets out the criteria on the basis of which eligible judgments may be recognised and enforced, as well as the grounds on which recognition or enforcement may be refused. The enforcement procedure itself is governed by the law of the requested State.
Accordingly, before initiating enforcement steps in Romania, it is necessary to establish the date on which proceedings were commenced, the date and content of any choice-of-court clause and the legal instrument applicable to the judgment. This analysis determines the documents required and the procedure to be followed.
Do you hold a UK judgment against a Romanian debtor? We will tell you which regime applies and which documents need to be prepared.
5. Judgments from outside Europe: the general regime and the applicable procedure
For judgments from third States that are not governed by an EU regulation, an international convention or an applicable bilateral treaty, the rules in Book VII of the Romanian Code of Civil Procedure (C.pr.civ.) (Articles 1094–1110) apply. Under the general regime, the judgment cannot be enforced directly: the creditor must obtain leave to enforce from the tribunal (county court) within whose jurisdiction enforcement is to take place. Before this regime is applied, it must be checked whether Romania has an applicable bilateral instrument with the State of origin.
Conditions for recognition and enforcement
Under Article 1096 C.pr.civ., judgments that are not recognised automatically (by operation of law) under Article 1095 C.pr.civ. may be recognised if the following three conditions are met cumulatively:
- the judgment is final under the law of the State in which it was given;
- the court that gave it had jurisdiction under the law of that State, and its jurisdiction was not based solely on the presence of the defendant or of assets belonging to the defendant having no direct connection with the dispute;
- there is reciprocity between Romania and the State of the foreign court as regards the effects of foreign judgments.
Where the judgment was given in default of appearance of the unsuccessful party, it must be shown that both the summons for the hearing on the merits and the document instituting the proceedings were served on that party in sufficient time and that the party was given the opportunity to defend itself and to lodge an appeal.
For leave to enforce, Article 1104 C.pr.civ. further requires the judgment to be enforceable under the law of the State in which it was given, and under Article 1105 C.pr.civ. the application must also be accompanied by proof of enforceability.
Grounds for refusal
Under Article 1097 C.pr.civ., recognition of a foreign judgment may be refused on any of the following grounds:
- the judgment is manifestly contrary to Romanian public policy in matters of private international law; such incompatibility is assessed having regard, in particular, to the strength of the connection between the case and the Romanian legal order and to the seriousness of the effect produced;
- the judgment, given in a matter in which persons may not freely dispose of their rights, was obtained solely for the purpose of evading the law applicable under Romanian private international law;
- the dispute between the same parties has been determined by a judgment of the Romanian courts, even if not yet final, or was pending before them on the date on which the foreign court was seised;
- the judgment is irreconcilable with an earlier judgment given abroad that is capable of recognition in Romania;
- the Romanian courts had exclusive jurisdiction to hear the case;
- the rights of the defence were infringed;
- the judgment may still be challenged by way of appeal in the State in which it was given.
Competent court and procedure
The application for leave to enforce is filed with the tribunal (county court) within whose jurisdiction enforcement is to take place (Article 1103 C.pr.civ.).
The tribunal verifies only the statutory conditions. Under Article 1098 C.pr.civ., the Romanian court may not review the foreign judgment as to its substance and may not amend it. The judgment ruling on the application for leave to enforce may be appealed within the ordinary 30-day time limit from service, unless a special provision applies. On the basis of the final judgment granting leave to enforce, the enforceable title is issued, in accordance with Article 1107 C.pr.civ.
What cannot be enforced
Article 1103(2) C.pr.civ. provides that foreign judgments ordering protective measures and those declared provisionally enforceable cannot be enforced in Romania under the general regime. This rule should not automatically be extended to the European or convention-based regimes, which may contain their own provisions. For example, an attachment ordered by a court in the United States of America does not, by its mere existence, freeze accounts in Romania; the creditor may consider applying to the Romanian court for protective measures, if the statutory conditions are met.
Bilateral treaties
Before seeking recognition or enforcement in Romania of a judgment given outside the European Union, it must be checked whether Romania and the State of origin have concluded a bilateral treaty governing this procedure. Such an instrument may lay down specific conditions for recognition, grounds for refusal and the documents to be filed with the Romanian court.
A relevant example is the Agreement between Romania and the Republic of Turkey on Legal Assistance in Civil Matters, signed on 28 September 2005 and ratified by Law no. 214/2006. The Agreement also applies to commercial disputes and expressly governs the recognition and enforcement of judgments given in the two States.
Under Articles 17–20 of the Agreement, the judgment must be final and enforceable in the State in which it was given. Recognition or enforcement may be refused on grounds such as breach of public policy, failure to respect the rights of the defence or infringement of the exclusive jurisdiction of the courts of the requested State. The application is filed directly with the competent Romanian court and must be accompanied by, among other things, a complete certified copy of the final and enforceable judgment, proof that the absent party was duly summoned, where applicable, and the certified translations required by the Agreement.
An important practical point is that Article 12 of the Agreement exempts from legalisation documents issued or certified and officially stamped in either State, in proceedings before the judicial authorities of the other State.
Another example is the Treaty between Romania and the People’s Republic of China on Judicial Assistance in Civil and Criminal Matters, signed in Beijing on 16 January 1991 and ratified by Law no. 12/1992. The Treaty expressly governs the recognition and enforcement of civil judgments, including in commercial matters, as well as arbitral awards, under the conditions of the applicable instrument.
Under Articles 21–25, judgments falling within the scope of the Treaty may be recognised and enforced in the other State if the conditions it lays down are met. The grounds for refusal include the judgment lacking legal effect or enforceability in the State of origin, lack of jurisdiction of the court under the Treaty’s rules, and infringement of the rights of the defence.
6. Documents to prepare
A complete file from the outset shortens the procedure. Under the general regime of the Code of Civil Procedure, the documents required for recognition are listed in Article 1100, and the application for leave to enforce must also be accompanied by proof of enforceability, under Article 1105.
- a copy of the foreign judgment;
- proof that the judgment is final;
- where the judgment was given in default of appearance of the party against whom it is relied on, a copy of the proof of service of the summons and of the document instituting the proceedings, or another official document attesting that they were brought to that party’s attention in sufficient time;
- any other document capable of proving that the statutory conditions are met;
- certified (sworn) translations into Romanian of the relevant documents;
- an apostille or legalisation (superlegalisation), where required by law and by the applicable international instruments; these formalities are not mandatory in every case.
For a judgment falling within the scope of the Brussels I bis Regulation, the creditor produces a copy of the judgment and the certificate under Article 53, with translations where required by the Regulation. No legalisation or similar formality is required for the documents provided for in the Regulation.
7. How long it takes and what it costs
The duration depends on the applicable regime, the competent court and any opposition by the debtor.
- EU judgment: for judgments falling within the scope of the Regulation, enforcement does not require a prior exequatur procedure, and the duration of enforcement depends on national formalities and the specific circumstances.
- Judgment under the Lugano Convention: the declaration of enforceability procedure is required.
- Exequatur under the Code of Civil Procedure: leave to enforce must be granted by the tribunal, and the judgment may be appealed.
Costs may include the court (stamp) fee, certified translations, the apostille or legalisation, the bailiff’s fees and legal assistance. The application for the court’s authorisation of enforcement (încuviințarea executării silite) is subject to a fee of RON 20 per enforceable title, under Article 10(1)(a) of Government Emergency Ordinance (O.U.G.) no. 80/2013 on judicial stamp duties. This fee must be distinguished from the fee payable on an application for leave to enforce a foreign judgment, which is determined by reference to the subject matter of the application and the applicable legal regime.
Opposition by the debtor or missing documents can extend the procedure by several months, so it is advisable to prepare the file in a way that anticipates the grounds for refusal the debtor might raise.
8. After exequatur: enforcement in Romania
Once the judgment is enforceable in Romania, enforcement follows the ordinary rules of the Code of Civil Procedure. The creditor instructs a bailiff (judicial enforcement officer), who may:
- garnish the debtor’s bank accounts and amounts owed to the debtor by third parties;
- enforce against the debtor’s movable and immovable property;
- trace the debtor’s assets through searches with banks, the land register and other registers.
Protective measures during the proceedings
A debtor who becomes aware of the proceedings may try to move funds or dispose of assets. The creditor may apply to the Romanian court for protective measures, such as precautionary attachment or precautionary garnishment, even while the exequatur proceedings are pending.
Under Article 1103 C.pr.civ., foreign judgments ordering protective measures and those declared provisionally enforceable cannot be enforced in Romania.
Limitation
The right to obtain enforcement is subject to a limitation period. Under the general regime of the Code of Civil Procedure, the limitation period for enforcement is, as a rule, 3 years, subject to the exceptions provided by law. Article 1101 C.pr.civ. provides that an application for recognition of a foreign judgment interrupts the limitation period for enforcement.
If the debtor is insolvent
If the debtor enters insolvency, individual enforcement is stayed. The foreign creditor must lodge its claim for inclusion in the schedule of claims within the time limit set by the syndic judge. The foreign judgment remains strong evidence of the claim.
Want to freeze the debtor’s accounts before the money is moved? We will assess whether protective measures are available.
9. Conclusions
A foreign judgment in your favour does not automatically turn into money in Romania. Three factors determine how quickly the creditor can reach the debtor’s assets:
- The State of origin of the judgment. For the EU, no exequatur is required. For the rest of the world, exequatur must first be obtained from the tribunal.
- A complete file from the outset. Proof of finality and enforceability, proof of service, translations and the apostille avoid delays.
- Protecting assets during the proceedings. Protective measures sought in good time prevent the debtor from emptying its accounts.
Frequently asked questions
Is exequatur required for a German, French or Spanish judgment?
No. Judgments from EU Member States given in proceedings instituted on or after 10 January 2015 are enforced in Romania without exequatur. The creditor needs the judgment and the certificate under Article 53 of the Brussels I bis Regulation.
How is a UK judgment enforced in Romania after Brexit?
It depends on when the proceedings were commenced. For proceedings commenced after 1 July 2025, the 2019 Hague Judgments Convention applies. For proceedings commenced between 2021 and June 2025, the 2005 Hague Choice of Court Convention applies if there is an exclusive choice-of-court clause; otherwise, the exequatur procedure under the Code of Civil Procedure applies.
Which court hears the application for exequatur?
The tribunal (county court) within whose jurisdiction enforcement is to take place, under Article 1103 of the Code of Civil Procedure. As a rule, this is the tribunal for the debtor’s registered office or for the place where its assets are located.
Can the Romanian court re-examine the merits of the dispute?
No. The court verifies only the statutory conditions for recognition and enforcement. It may not review the foreign judgment as to its substance and may not amend it (Article 1098 C.pr.civ.).
Which documents must be translated and apostilled?
The judgment, proof of its finality and enforceability and, where applicable, proof of service on the debtor. All must be translated into Romanian by a certified (sworn) translator. Whether an apostille or legalisation is required depends on the State of origin; EU judgments do not need an apostille.
Can a foreign judgment that is not yet final be enforced?
For judgments from outside the EU, generally not: the judgment must be final and enforceable in the State of origin. Provisionally enforceable judgments cannot be enforced by way of exequatur. For EU judgments, what matters is whether the judgment is enforceable in the State of origin.
Can I freeze the debtor’s assets before the exequatur proceedings are concluded?
Yes, through protective measures sought from a Romanian court, such as precautionary attachment or precautionary garnishment. Measures ordered by the foreign court are not automatically enforced in Romania.
How long does the exequatur procedure take in Romania?
The exequatur procedure in Romania generally takes approximately 2–6 months, depending on the complexity of the file, the competent court and the completeness of the documents, and it may take longer where there are challenges or missing documents.
This timeframe is purely indicative and is not a guaranteed estimate of the length of the procedure. In practice, the duration may vary significantly, mainly depending on the workload of the courts and the particular features of each file, as courts may set different hearing dates even in similar proceedings.
Does the same procedure apply to an arbitral award?
No. Foreign arbitral awards are recognised and enforced under the 1958 New York Convention, which has its own rules.
What happens if the debtor is insolvent?
Individual enforcement is stayed, and the creditor must lodge its claim in the insolvency proceedings within the time limit set by the syndic judge. The foreign judgment serves as evidence of the claim.
Adesman & Asociații assists foreign companies with the recognition and enforcement of court judgments and arbitral awards in Romania, from the review of the file through to enforcement. Find out more about our litigation and arbitration practice.
Do you have a foreign judgment to enforce in Romania? We will review the documents and tell you the fastest route.
This material is of a general, informative nature and does not constitute individual legal advice. The applicable regime must be assessed in the light of the State of origin of the judgment, the date of the proceedings and the legislation in force at the time of the analysis.
