Last updated: 13 August 2018
Given the fast development of international trade relations, conflicts between partners can become more frequent, hence the need for uniform rules regarding the communication of legal documents between EU Member States. Such a procedure was introduced by Regulation (EC) no. 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters. In parallel, each Member State also has its own rules applicable to the service of judicial documents.
Thus, if a resident of a Member State of the European Union is being summoned to the courts of Romania, he/she has certain rights and obligations under the European and Romanian regulations at the same time.
Content of the Writ of Summons
According to the Romanian Code of Civil Procedure, to be compliant, writs of summons must contain several pieces of information, including: the name and address of the court, the case number, the year, month, day and time for which the summons is made, the names of the parties etc..
If the court procedure requires the defendant to formulate and submit a statement of defense, the writ of summons must necessarily stipulate this obligation, as well as the time-limit for lodging such statement of defense and the sanction provided for non-compliance with this obligation. In principle, failure to comply with the law within the deadline stipulated by the law results in the defendant being denied the right to file evidence and to raise exceptions.
If lodging of a plea is not compulsory, the writ of summons must stipulate the defendant's obligation to prepare his/her defense for the first hearing, when he/she must also submit evidence.
In addition, the recipient of the summons must be informed of his/her obligation to elect a domicile in Romania for the service of judicial documents. If he/she fails to comply with this obligation, the defendant will be notified by registered letter and the receipt of the deposit at the post office in Romania is proof of the completion of the procedure.
It should be stressed that European regulations require the translation of the writ of summons and of the documents served into a language that the addressee understands or in the official language of the Member State of destination. The addressee of the writ of summons must be informed that he or she may refuse to receive the writ of summons or return it within one week, if it has been drafted in his or her own language.
Summoning and Service of Judicial Documents
The service of judicial documents shall be made directly and within the shortest possible time between the Member States, through the transmitting and receiving agencies designated by each Member State, accompanied by a standard form, usually filled-in in the official language of the recipient Member State.
It should also be noted that, in accordance with European rules, the summoning and service of judicial documents may be made by diplomatic or consular agents of the Member State, unless the State of destination opposes, or indirectly, through the postal services, by registered letter with acknowledgment of receipt.
All documents submitted are exempt from notarization or any equivalent formality.
Under European law, the date of the summons is the date on which the document was served, in accordance with the law of the Member State of destination.
According to the Romanian Code of Civil Procedure, writs of summons and other judicial documents must be communicated to the addressee, as a rule, 5 days prior to the hearing; otherwise, the service is null. However, there are urgent procedures in which the judge may decide to shorten the term, in which case this is mentioned in the communicated document.
The service of the writ of summons and all procedural documents shall be handed in person to the addressee or, in the case of legal persons, to the authorized representatives or to the person in charge of receiving the procedural documents. In principle, according to the legal provisions in Romania, it is considered that the person who has been legally summoned to a hearing also has knowledge of the other further hearings and, thus, will not be summoned to the future hearings.