What is the recognition of foreign judgments – exequatur?

For a judgment issued by a court in another country to be enforceable in Romania, it must go through the procedure of recognition of foreign judgments (exequatur). Without this procedure, if the losing party does not voluntarily comply with the judgment, the coercive power of the state cannot be invoked to enforce it.

Which judgments are recognized by law and do not require a recognition procedure?

For European Union member states, this procedure is not necessary, as judgments issued in these states are recognized by law in Romania and can be directly enforced. Additionally, judgments from third countries are recognized by law if they pertain to the personal status of the citizens of the state where they were issued, or if they were first recognized in the citizenship state of each party or, in the absence of such recognition, were issued based on the law determined applicable according to Romanian private international law, do not contravene Romanian private international public order, and respect the right to a fair trial.

What happens during the recognition procedure?

It is important to note that during this procedure, the case is not re-judged, and the decision given by the foreign court will not be altered. Instead, a Romanian judge reviews the compliance with international standards to ensure the proper pronouncement of a judgment (such as respecting the right to a fair trial).

Foreign judgments recognized in Romania are assimilated to judgments issued by Romanian courts, enjoying the same effects, such as enforceability and res judicata.

What conditions must a foreign judgment meet to be recognized in Romania?

For a request for exequatur of a foreign judgment to be accepted, the judgment must cumulatively meet the following conditions:

• It must be final.
• The court that issued it must have been competent to hear the case.
• There must be reciprocity regarding the recognition of judgments between the state that issued the judgment and Romania.

If any of these conditions are not met, the request will be rejected, and the judgment will not be recognized in Romania, nor will it have any effect in the country.

What are the grounds for refusing the recognition of foreign judgments?

Recognition of a foreign judgment can be refused for any of the following reasons:

• The judgment is manifestly contrary to Romanian private international public order.
• The judgment, issued in a matter where parties cannot freely dispose of their rights, was obtained solely to evade the application of the applicable law according to Romanian private international law.
• The case has been adjudicated between the same parties by a Romanian court, even if the judgment was not final, or it is pending before Romanian courts at the time of the foreign court’s referral.
• It is incompatible with a previously issued foreign judgment that is susceptible of being recognized in Romania.
• Romanian courts had exclusive jurisdiction over the case.
• The right to a fair trial has been violated.
• The judgment is subject to appeal in the state where it was issued.

What documents are required to obtain recognition of a foreign judgment?

To have a request for recognition of a foreign judgment admitted, the following documents must be attached to the request:

• The foreign judgment, in original with apostille/legalization and a certified copy.
• Proof of the finality of the judgment.
• If one party was absent from the proceedings, a copy of the proof of service of the summons and the act of referral, communicated to the absent party in the foreign court, or any official document proving that the summons and referral act were known to the party against whom the judgment was issued in a timely manner.
• Any other documents that prove that the foreign judgment meets the additional conditions required by Article 1096 of the Civil Procedure Code.

All documents must be submitted to the court in their original language along with a certified translation into Romanian.

Which court is competent to adjudicate the exequatur request?

The request for recognition of a foreign judgment must be submitted to the court within the jurisdiction of which the individual or, if applicable, the public institution that refused recognition of the foreign judgment is domiciled. If it is impossible to determine the appropriate court, the competence belongs to the Bucharest Tribunal.

Is personal presence required for the person requesting the recognition of the judgment?

Most requests for recognition of a foreign judgment are adjudicated with the parties being summoned, except for judgments indicating that the defendant agreed to the admission of the claim, where summoning is not required. Even in cases where summoning is ordered, the parties’ presence in the courtroom is not necessary; they can be represented by a lawyer at court hearings.

If you need a consultation or wish to proceed with the recognition of a judgment, do not hesitate to contact us.