Romania - Enforcement of Money Judgments
Author(s):
Mark A. Meyer Esq.
Rodica Vremescu
Page Count:
26 pages
Media Description:
PDF from "Enforcement of Money Judgments"
Jurisdictions:
Description:
Originally from Enforcement of Money Judgments
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I. PRESENT ATTITUDE TOWARD THE ENFORCEMENT OF
FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your Government (including
courts) toward the enforcement of foreign money judgments.
Enforcement of foreign money judgments is attained in Romania
according to whether such judgments have been rendered in other
countries which are members of the European Union (“EU”), or in
non-EU countries.
After Romania’s accession into the EU, on January the 1st, 2007,
the regulations applicable in the EU became directly applicable in
Romania, as well.
Law 187/2003, regarding the jurisdiction, recognition and
enforcement in Romania of decisions issued in civil and commercial
matters in other members states of the EU, which transposed into the
national legislation, until Romania’s accession into the EU, the
provisions of the regulations directly applicable in this field at the EU
level, was cancelled through the Government Emergency Ordinance
no. 119/2006, in force since December 2006, regarding certain
measures necessary for the implementation of regulations applicable in
the EU, after Romania’s accession in the EU.
In case of enforcement of a foreign money judgments rendered in
EU member states, their enforcement is governed by the directly
applicable Regulation 1215/2012 on jurisdiction, recognition and
enforcement of judgments in civil and commercial matters
(“Regulation 1215”), and also by the provisions of Regulation
no.805/2004 (“Regulation 805”) creating a European Enforcement
Order for uncontested claims.
The regulations implement a simpler procedure for the recognition
and enforcement of foreign money judgments within the EU, eliminating
the obstacles arising from having to contend with different legal
systems, as the free movement of judgments is considered the fifth
freedom within the EU, alongside the free movement of goods,
persons, services and capital.
persons, services and capital.