How to Sue a Romanian Company: Guide for Foreign Claimants

Legal position as at: 2 November 2026

At a glance

• Who this is for: any foreign business with a contested claim against a company that has its seat in Romania. The rules on suing in Romania do not depend on where the claimant is based: a creditor from the UK, the US, India or Switzerland uses them on the same terms as one from Germany.
• First thing to do: read the contract for a clause choosing the courts of a particular country or arbitration; it decides where you may sue.
• The main deadline: limitation. After judgment, an appeal must be lodged within 30 days of service of the judgment.

This guide covers ordinary civil and commercial claims against Romanian companies under the Romanian Civil Procedure Code (Law 134/2010, republished, the CPC) and Regulation (EU) No 1215/2012 (Brussels Ia): where to sue, which court, and what the procedure demands of a claimant based abroad.

Two special procedures may make an ordinary claim unnecessary for an undisputed money debt: see payment orders in Romania and European Order for Payment and Small Claims. For the overall choice of route, see our guide to debt recovery in Romania. This article covers the ordinary, contested claim.

Step 1: can you sue in Romania, and must you?

Defendants in Romania: the general rule

Under Brussels Ia, persons domiciled in a Member State are to be sued in the courts of that Member State, whatever their nationality (art. 4(1)). A company is domiciled where it has its statutory seat, central administration or principal place of business (art. 63(1)). A company with its seat in Romania can therefore be sued in Romania, wherever the claimant is based.

Where Brussels Ia does not apply, the Romanian rule points the same way: Romanian courts have jurisdiction if the defendant has its principal seat in Romania (or, failing that, a secondary seat or business there) when the claim is filed (CPC art. 1066(1)). These rules in Book VII of the CPC apply only to the extent that EU law, a treaty or a special law does not provide otherwise (art. 1065).

Suing elsewhere instead

Brussels Ia also allows a company domiciled in Romania to be sued in another Member State in certain cases. In contract matters, the claimant may sue in the courts for the place of performance of the obligation in question (art. 7(1)(a)). Unless the parties agreed otherwise, that place is, for a sale of goods, where the goods were or should have been delivered under the contract and, for services, where the services were or should have been provided (art. 7(1)(b)).

A German supplier that delivered to its own premises under the contract may therefore be able to sue the Romanian buyer at home. The judgment must then still be enforced against assets in Romania (see enforcing a foreign judgment or arbitral award in Romania); suing in Romania avoids that step.

Choice-of-court and arbitration clauses

If the parties agreed that the courts of a Member State are to have jurisdiction, those courts have jurisdiction, exclusive unless the parties agreed otherwise (Brussels Ia art. 25(1)). The clause must be in writing or evidenced in writing, or follow the parties' established practice or a widely known trade usage (art. 25(1)(a) to (c)); an electronic record that is durable counts as writing (art. 25(2)). An exclusive clause for the courts of Vienna generally means a Romanian court will decline the case. An arbitration clause sends the dispute to the arbitral tribunal; see our commercial arbitration guide.

Step 2: which Romanian court

Once Romanian jurisdiction is established, the internal rules of the CPC decide which court hears the case (art. 1072(1)). Two questions arise: the level of court and the place.

Level of court: value decides

For money claims, the threshold is 200,000 lei. The district court (judecătoria) hears at first instance claims assessable in money up to and including 200,000 lei, whether the parties are professionals or not (CPC art. 94 pt. 1 lit. k)). The tribunal (tribunalul) hears at first instance all claims not given by law to other courts (art. 95 pt. 1), which includes commercial money claims above 200,000 lei. The claimant states the value of the claim and how it was calculated in the statement of claim (art. 194 lit. c)).

Claims up to 50,000 lei, not counting interest, costs and other accessory amounts, can follow the national small claims procedure (art. 1026(1)). Undisputed debts can follow the payment order procedure mentioned above.

Place: the defendant's seat, with alternatives

As a rule, the claim is filed with the court in whose district the defendant has its seat (CPC art. 107(1)). The court stays competent even if the defendant later moves its seat (art. 107(2)).

For contract claims there is an alternative: the court of the place stated in the contract for the performance, even partial, of the obligation (art. 113(1) pt. 3). Where the defendant regularly carries on business away from its seat, the claim may also be brought where that business is located, for obligations arising or to be performed there (art. 113(2)). Parties may also agree in writing on a different court for territorial competence, unless that competence is exclusive (art. 126(1)).

If Romanian courts have international jurisdiction but no competent court can be identified under these rules, the claim goes, following the value rules, to the District Court of Bucharest Sector 1 or to the Bucharest Tribunal (art. 1072(2)).

Step 3: before filing

No general pre-action step

Romanian procedure has no general pre-action protocol. A prior procedure is a condition for going to court only where a law expressly requires it, and its absence can be raised only by the defendant in the statement of defence (CPC art. 193(1) and (2)). A written demand remains good practice: it may produce payment, and it records the debtor's position. On what can be added to the principal, see late payment interest and compensation.

Limitation and protective measures

Check limitation periods for commercial debts before investing in proceedings. If the debtor may move or hide assets during the case, interim measures such as a precautionary attachment (sechestru asigurător), which freezes the debtor's assets until judgment, can be requested alongside the claim: see freezing a debtor's assets in Romania.

Step 4: the statement of claim and the documents a foreign claimant needs

The statement of claim must identify the parties, including the defendant's registration number and tax code where known, the object and value of the claim, the facts, the legal grounds and the evidence for each head of claim (CPC art. 194).

Address for service in Romania. A claimant who lives abroad must state an elected address in Romania where all communications in the case will be made (art. 194 lit. a)). In practice this is usually the office of the Romanian lawyer.

Representation. When a legal person appoints someone to represent it in court, that representative can only be a legal adviser (consilier juridic) or a lawyer (avocat) (art. 84(1)). A foreign company will therefore normally act through a Romanian lawyer, who files a Romanian power of attorney (împuternicire avocațială) (art. 151(2)). A representative of a private-law legal person files a copy of an extract from the public register that shows the power to represent (art. 151(4)).

Documents and translations. Copies of every document relied on are attached and certified by the party as true copies (art. 150(1) and (2)). Documents in a foreign language are filed in certified copy with a certified translation by an authorised translator (art. 150(4)): contract, invoices, delivery documents and correspondence all need Romanian versions. Public documents issued abroad, such as a register extract, may also need an apostille or legalisation unless an EU or bilateral rule removes that requirement.

Evidence named up front. The claimant proposes its evidence in the statement of claim, on pain of losing the right to do so (art. 254(1)); later requests are allowed only in the cases in art. 254(2). Assemble the file before filing, not during the case.

Court fees. Proof that the stamp duty has been paid is attached to the claim; failure to pay, or underpayment, leads to annulment of the claim (art. 197). Fees and the recovery of costs are covered in our article on the cost of litigation and enforcement in Romania.

No security for being foreign. Subject to reciprocity, a foreign claimant cannot be required to deposit security or any other guarantee merely because it is foreign or has no seat in Romania (art. 1085).

Step 5: how the first-instance case runs

Checking the claim. The judge checks competence and the formal requirements (CPC art. 200(1)); the claimant has at most 10 days from receipt of a written notice of defects to correct them, on pain of annulment (art. 200(3)).

Written phase. Once the claim is in order, it is served on the defendant, who must file a statement of defence within 25 days of service (art. 201(1)). The defence is served on the claimant, who may file a reply within 10 days (art. 201(2)). A defendant that does not file its defence in time loses the right to propose evidence and to raise objections, other than those of public order, unless the law provides otherwise (art. 208(2)).

First hearing and length of the case. The judge sets the first hearing within 60 days of the judge's order (art. 201(3) and (4)), after which the court rules on the evidence, hears witnesses or experts where admitted, and moves to debates and judgment. No overall time limit applies to the case. How long it takes depends on the evidence, the number of hearings, whether an expert report is needed and whether the judgment is appealed; ask your lawyer for an estimate in writing once the file has been reviewed.

Evidence. Whoever makes an assertion must prove it, unless the law provides otherwise (art. 249). Witness evidence of a legal act worth more than 250 lei is generally not admissible, but it is admissible against a professional for any act made in the course of its business, unless a special law requires written proof (art. 309(2)). The taking of evidence in an international case is governed by Romanian law (art. 1091(5)).

Language. Court proceedings in Romania are conducted in Romanian (Constitution, art. 128(1)). When a party or a person to be heard does not know Romanian, the court uses an authorised translator, or, if the parties agree, the judge or clerk may translate (art. 225(1)). With art. 150(4) for documents, this means everything the court reads or hears reaches it in Romanian; budget for translation from the start.

Step 6: judgment, appeals and enforceability

Two levels of review. A first-instance judgment can be challenged by an appeal (apel) unless the law expressly provides otherwise (CPC art. 466(1)); an appeal filed in time leads to a new hearing on the merits, on both facts and law (art. 476(1)). The appeal is filed within 30 days of service of the judgment, unless the law provides otherwise (art. 468(1)). Appeals against district court judgments go to the tribunal (art. 95 pt. 2) and appeals against tribunal first-instance judgments go to the court of appeal (art. 96 pt. 2).

Appeal decisions can in turn be challenged by a second appeal on points of law (recurs) where the law allows it (art. 483(1)), within 30 days of service (art. 485(1)). The recurs examines whether the judgment complies with the rules of law (art. 483(3)), not the facts. The exclusions in art. 483(2) do not list ordinary commercial money claims. A recurs goes to the court of appeal against a tribunal appeal decision (art. 96 pt. 3) and to the High Court of Cassation and Justice against a court of appeal decision (art. 97 pt. 1).

When the judgment becomes final. A judgment becomes final (definitivă) once it can no longer be challenged by apel or recurs: because no such remedy is available, because the time limit expired without one being filed, or because a recurs has been decided (art. 634).

When you can enforce. A judgment that can be enforced is an enforceable title (titlu executoriu). The appeal term, and an appeal filed in time, suspend enforcement of the first-instance judgment unless the law provides otherwise (art. 468(5)). The judgments enforceable by law at first instance (art. 448(1)) are mostly outside commercial money claims, although they include a judgment given on the defendant's admission of the claim (pt. 9). Plan for enforcement after the appeal stage; see enforcement against bank accounts, real estate and shares.

Costs. At the winner's request, the losing party is ordered to pay the winner's costs; where the claim succeeds in part, the court apportions them (art. 453(1) and (2)).

What can go wrong

• Wrong forum. Filing in Romania despite an exclusive clause for foreign courts or an arbitration clause can end with the case declined after months.
• Thin file. Evidence not proposed in the statement of claim may be lost (art. 254); unsigned delivery notes and untranslated correspondence can weaken a case that is strong on its facts.
• Defective claim or unpaid fees. Both can lead to annulment (art. 197, art. 200(3) and (4)).
• Insolvency of the defendant. The creditor's position changes; see filing a claim against an insolvent Romanian debtor.
• A judgment that cannot be collected. Check the debtor's assets early; a judgment against a company with nothing to seize has little value.

When to take advice

Take advice before filing if the contract has a jurisdiction or arbitration clause, if limitation may be close, if the debtor may be moving assets, or if you could sue either in Romania or at home. In a first e-mail, send us the contract, the invoices, the correspondence with the debtor, the debtor's name and registration number, and any clause on courts or arbitration. Fees are agreed in writing before work starts. We act for foreign claimants in Romanian courts and describe our litigation work on the commercial litigation in Romania page; write to us at office@pantilimon.ro.

This article is general information, not advice for a specific case, on Romanian law as at 2 November 2026.