Costs in Romania
Costs for Court, Appeals and Alternative Dispute Resolution
Case Study |
Court |
Appeals |
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Initial court fees |
Transcription fees |
Other fees |
Initial court fees |
Transcription fees |
|
Case A |
RON 2,849.1998 (approximately EUR 710),comprising RON 2,844.1998 (court fee) and RON 5 (stamp duty) |
In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid |
1. Legalisation – Attestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty) 2. Investing the court decision with an enforceable formula – RON 4.15 (approximately EUR 1) comprising RON 4 (court fee) and RON 0.15 (stamp duty) 3. Supra-legalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) – only if it is necessary for the party |
50% of the initial court fees, namely RON 1,424.5999(approximately EUR 355) |
In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid |
Case B |
RON 2,849.1998 (approximately EUR 710),comprising RON 2,844.1998 (court fee) and RON 5 (stamp duty) |
In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid |
1. Legalisation – Attestation in order to obtain an authenticated court decision – RON 2.15 (approximately EUR 0.5) comprising RON 2 (court fee) and RON 0.15 (stamp duty) 2. Investing the court decision with an enforceable formula – RON 4.15 (approximately EUR 1) comprising RON 4 (court fee) and RON 0.15 (stamp duty) 3. Supra-legalisation – RON 1.15 (approximately EUR 0.25) comprising RON 1 (court fee) and RON 0.15 (stamp duty) – only if it is necessary for the party |
50% of the initial court fees, namely RON 1,424.5999(approximately EUR 355) |
In order to obtain simple copies of various procedural documents drafted by specialised court personnel (clerks), the photocopying costs (varying between EUR 0.05 and EUR 1.25 per copy) must be paid |
Case study |
ADR |
|
Is this option open for this type of case? |
Costs |
|
Case A |
Yes |
Costs are provided for in the mediation contract, as agreed by the parties and the mediator |
Case B |
Yes |
Costs are provided for in the mediation contract, as agreed by the parties and the mediator |
Costs for lawyer, bailiff and expert
Case Study |
Lawyer |
Bailiff |
Expert |
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Is representation compulsory ? |
Average costs |
Is representation compulsory? |
Pre-judgment costs |
Post-judgment costs |
Is use compulsory? |
Cost |
|
Case A |
NO |
Variable costs depending on the legal assistance contract Not applicable in this case, as representation is not compulsory |
NO |
Not applicable in this case, as only the court decision (issued post judgment) can be subject to enforcement, if the losing party does not execute it willingly |
Granting enforcement of the court decision – RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty) Notification– RON 20 minimum fee (approximately EUR 5) and RON 400 maximum fee (approximately EUR 100) Bailiff’s fees - maximum RON 2400 (approximately EUR 600) |
NO |
Variable cost which will be established by the court, depending on the complexity of the expertise. |
Case B |
NO |
Variable costs depending on the legal assistance contract Not applicable in this case, as representation is not compulsory |
NO |
Not applicable in this case, as only the court decision (issued post judgment) can be subject to enforcement, if the losing party does not execute it willingly |
Granting enforcement of the court decision – RON 10.3 (approximately EUR 2.5), comprising RON 10 (court fee) and RON 0.3 (stamp duty) Notification– RON 20 minimum fee (approximately EUR 5) and RON 400 maximum fee (approximately EUR 100) Bailiff’s fees - maximum RON 2400 (approximately EUR 600) |
NO |
Variable cost, established by the court depending on the level of expertise required |
Costs for witness compensation, pledge or security and other relevant fees
Case Study |
Witness compensation |
Pledge or security |
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Are witnesses compensated? |
Cost |
Does this exist and when and how is it used? |
Cost |
|
Case A |
Yes |
Transport costs are reimbursed and, if the witness so requests, compensation for the time spent in court may also be recovered (depending on sources of income – e.g. employment contract etc) |
Eventual requests for insuring evidence (proofs of such preserved documents) |
RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty) |
If the party requests the grant of insurance measures (insuring sequester, garnishment) |
RON 10.3 (approximately EUR 2.5) comprising RON 10 (court fee) and RON 0.3 (stamp duty) |
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Case B |
Transport costs are reimbursed and, if the witness so requests, compensation for the time spent in court may also be recovered (depending on sources of income – e.g. employment contract etc) |
Eventual requests for insuring evidence (proofs of such preserved documents) |
RON 8.3 (approximately EUR 2) comprising RON 8 (court fee) and RON 0.3 (stamp duty) |
|
Yes |
If the party requests the grant of insurance measures (insuring sequester, garnishment) |
RON 10.3 (approximately EUR 2.5) comprising RON 10 (court fee) and RON 0.3 (stamp duty) |
Costs for legal aid and other reimbursement
Case study |
Legal Aid |
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When and under which conditions is it applicable? |
When is support total? |
Conditions? |
|
Case A |
Not applicable |
Not applicable |
Not applicable |
Case B |
Not applicable |
Not applicable |
Not applicable |
Case study |
Reimbursement |
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Can the winning party obtain reimbursement of litigation costs? |
If reimbursement is not total what is percentage in general? |
What costs are never reimbursed? |
Are there instances when legal aid should be reimbursed to the legal aid organis ation? |
|
Case A |
Yes |
In general 100% of the costs are reimbursed |
All the costs can be reimbursed in this case. All the costs can be reimbursed, except for costs involved in the following situation: The buyer who admits the seller’s claim at the first hearing need not pay the judicial costs, except where he or she was notified before the hearing Where the court partially accepts the claims of both parties, the court will determine to which extent the parties can be ordered to pay the trial costs, and can also order the compensation of the expenses. Moreover, the court has the right to increase or reduce a lawyer’s fees where it finds that these are unreasonably low or high in relation to the value of the case or the work carried out by the lawyer. |
NO |
Case B |
Yes |
In general 100% of the costs are reimbursed |
All the costs can be reimbursed in this case. All the costs can be reimbursed, except for costs involved in the following situation: The buyer who admits the seller’s claim at the first hearing need not pay the judicial costs, except where he or she was notified before the hearing Where the court partially accepts the claims of both parties, the court will determine to which extent the parties can be ordered to pay the trial costs, and can also order the compensation of the expenses. Moreover, the court has the right to increase or reduce a lawyer’s fees where it finds that these are unreasonably low or high in relation to the value of the case or the work carried out by the lawyer. |
NO |
Costs for translation and interpretation
Case study |
Translation |
Interpretation |
Other costs specific to cross-border disputes? |
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When and under which conditions is it necessary? |
Approximative cost? |
When and under which conditions is it necessary? |
Approximative cost? |
Description |
|
Case A |
In general, not applicable in this case |
In general, not applicable in this case |
When the party who should be heard by the court is deaf or mute, or does not know how to write |
RON 23.15 per hour (approximately EUR 6) |
- - |
Case B |
1. When documents submitted to the court (part of the case dossier) are written in another language. 2. In addition, when a party contests the accuracy of the document translated into Romanian, the court may request the translation of the document by an authorised translator. |
The costs may vary according to the translation contract or, if the translation is performed by an authorised translator at the court’s request, a fee of RON 33.56 (approximately EUR 8) per page in A4 format should be paid |
If at least one of the parties does not speak Romanian. State A = Romania |
RON 23.15 per hour (approximately EUR 6) |
Yes, they are borne by the State - |
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