Recognition is the mechanism by which, a decision pronounced in a foreign country acquires in Romania the authority of res judicata.
In short, this procedure makes the foreign decision take effect and be enforceable on the territory of the Romanian state.
Recognition of foreign decisions is made through the court of law and is called the exequator procedure.
So, in order to produce effects on the Romanian territory, foreign decisions must be recognized by the court of law.
The court order must meet the following conditions: the order must be final according to the law of the state where it was pronounced and the court that pronounced it must have jurisdiction to trial the case.
Another important condition is related to the existence of a reciprocity agreement between Romania and the respective state, regarding the effects of foreign decisions.
The application for recognition of a foreign judgment shall be accompanied by the following supporting documents:
-copy of the foreign decision,
– proof of its final character,
-copy of the proof of delivery of the summons and the act of notification, communicated to the party who was absent in the foreign court,
– any documents likely to prove, in addition, that the foreign decision meets the conditions provided by law.
What is the procedure for recognizing foreign court orders?
The application for recognition shall be introduced at the competent court at the applicant’s domicile. The request for recognition of a foreign court order has the legal nature of a request for a summons, so you will have to comply with the requirements of the law for the request for a summons.
In case of non-submission of the proving documents requested by the court, the application for recognition will be rejected or the court will set a deadline for the submission of the requested documents.
The application for recognition shall be resolved by a decision. This request may be resolved without summoning the parties.
If the application is granted, the res judicata authority shall be retroactive to the time when it was acquired in the State in which the judgment was given.
The decision of recognition can be appealed.
For any other information and legal services related to the procedure for recognizing a foreign judgment (exequator procedure), please CONTACT US.
“Andreea Sersea” Law Office
Zefirului Street, No. 19, Sector 2, Bucharest, Romania.
+40 0773 340 401