Do you hold a European enforcement title? The next step in cross-border debt recovery may be bailiff enforcement in Romania

In the context of cross-border commercial relations within the European Union, the European legislator has established specific procedures intended to facilitate the recovery of low-value or uncontested claims, without requiring creditors to engage in complex judicial proceedings in the debtor’s Member State.

Among these mechanisms, the European Small Claims Procedure and the European Order for Payment play a central role, offering streamlined and efficient solutions for obtaining an enforceable title that is effective in cross-border debt recovery across all Member States.

The European Small Claims Procedure, governed by Regulation (EC) No 861/2007, applies to civil and commercial claims whose value does not exceed the threshold of EUR 5.000. The procedure is characterised by a simplified, largely written process, leading to the issuance of a judgment that is enforceable in all Member States without the need for recognition or a declaration of enforceability.

Similarly, the European Order for Payment, regulated by Regulation (EC) No 1896/2006, allows creditors to obtain an enforceable title for uncontested monetary claims through a standardised, form-based procedure, provided that the debtor does not lodge an objection. Both procedures are intended to remove the obstacles created by the cross-border nature of disputes and to shorten the time required to obtain an enforceable decision.

However, although the instruments issued under these procedures benefit from recognition throughout the European Union, the actual enforcement of the claim is not harmonised at EU level. Under the applicable rules, enforcement must take place exclusively in the Member State in which the debtor is domiciled or established, or in which the debtor’s assets are located, and is governed by the national law of the state of enforcement. Consequently, where the debtor is established in Romania, a creditor from another Member State must initiate enforcement proceedings in Romania, through a Romanian bailiff.

In this context, a judgment issued under the European Small Claims Procedure or a European Order for Payment declared enforceable constitutes an enforceable title under Romanian law. Nevertheless, the specific enforcement measures are governed by the provisions of the Romanian Code of Civil Procedure. At the enforcement stage, the title will be enforced in accordance with domestic rules on garnishment, enforcement against movable or immovable property, and other forms of compulsory enforcement. At the same time, the debtor will benefit from the procedural rights and safeguards provided under Romanian legislation, including the right to challenge the enforcement by filing an opposition to enforcement proceedings.

Enforcement against the debtor – Bailiff Enforcement in Romania

Accordingly, European procedures offer creditors a clear advantage at the stage of obtaining an enforceable title, by removing recognition formalities. Nevertheless, the enforcement stage remains governed by the national law of the state of enforcement, which requires creditors to be familiar with and to comply with the applicable local procedural rules.

Thus, where you have already obtained a decision issued under these European procedures against a Romanian debtor and the debtor fails to discharge the debt voluntarily, it is necessary to pursue compulsory enforcement in Romania.

Pursuant to Article 636 of the Romanian Code of Civil Procedure: “European enforcement titles for which European Union law does not require prior recognition in the Member State where enforcement is sought are enforceable by operation of law, without any additional prior formalities.”

In this context, a judgment delivered under the European Small Claims Procedure or a European Order for Payment declared enforceable constitutes an enforceable title under Romanian law and is subject to the national rules governing enforcement proceedings.

Obligations established under an enforceable title are first to be performed voluntarily and, in the event of non-performance, through compulsory enforcement. The procedure is initiated by filing an application for enforcement, while the specific enforcement measures are carried out in accordance with the rules governing garnishment, enforcement against movable or immovable property, or other forms provided by law. At the same time, the debtor benefits from the procedural safeguards recognised under Romanian legislation, including the right to challenge the enforcement.

Compulsory enforcement may be initiated exclusively at the creditor’s request, unless the law expressly provides otherwise. To this end, the creditor submits an application for enforcement, either personally or through a legal or contractual representative, including an attorney, to the office of the competent bailiff. The application may also be transmitted by post, courier, fax, electronic mail or by any other means allowing the transmission of its content and confirmation of receipt, together with the necessary supporting documents.

Upon receipt of the application, the bailiff issues a decision registering the request and opening the enforcement file or, as the case may be, issuing a reasoned refusal to commence enforcement proceedings. The decision is promptly communicated to the creditor, and where the bailiff refuses to initiate enforcement, the creditor has a period of 15 days from notification to lodge a complaint with the enforcement court.

Within a maximum of three days from the registration of the application, the bailiff forwards to the enforcement court a request for authorisation of enforcement, accompanied by a certified copy of the enforceable title, the creditor’s application, the decision opening enforcement proceedings, and proof of payment of the judicial stamp duty. The court issues its decision on the authorisation request within a maximum of seven days, in chambers, without summoning the parties, by means of a reasoned ruling.

The decision authorising enforcement specifies the enforceable title on the basis of which enforcement is carried out, the amount sought, including ancillary claims, and, where applicable, the specific method of enforcement requested. This decision entitles the creditor to request the bailiff to use, either simultaneously or successively, all forms of compulsory enforcement provided by law, in order to achieve full recovery of the claim, including enforcement-related costs. The effects of such authorisation extend throughout the territory of Romania and also cover any enforceable instruments issued by the bailiff during the authorised enforcement proceedings.

Subsequently, the bailiff serves the debtor with a copy of the authorisation decision, a certified copy of the enforceable title and, in the absence of a contrary legal provision, a formal notice granting a time limit for voluntary compliance. Service of the enforceable title and of the notice constitutes an essential condition for the legality of enforcement, and failure to comply with this obligation results in the nullity of the enforcement proceedings.

In enforcement proceedings, Romanian civil procedural law provides creditors with multiple means to recover their claims, which are applied depending on the assets available in the debtor’s estate and in compliance with the principles of legality and proportionality.

Enforcement against movable property allows the creditor to satisfy the claim from movable assets belonging to the debtor, regardless of whether such assets are in the debtor’s possession or held by third parties.

Enforcement against immovable property concerns immovable assets owned by the debtor, as well as certain rights in rem over such assets, such as usufruct or superficies, and is primarily used where the amounts sought are substantial. Immovable assets are realised in accordance with statutory procedures, through public auction, direct sale or other permitted methods, including, under strictly regulated conditions and subject to the bailiff’s approval and the creditor’s consent, the possibility for the debtor to carry out the sale personally.

Garnishment is another form of compulsory enforcement through which the creditor recovers the claim from sums of money or assets owed to the debtor by third parties. In practice, garnishment results in the blocking and transfer to the creditor of funds held in the debtor’s bank accounts, wages, other income or sums owed to the debtor by third parties, whether currently due or payable in the future, arising from existing legal relationships.

Accordingly, European procedures afford creditors a significant advantage at the stage of obtaining an enforceable title, by eliminating recognition formalities and reducing cross-border obstacles. However, the enforcement stage remains firmly governed by the national law of the state of enforcement, requiring strict compliance with local procedural rules.

In this context, Blaj Law provides specialised legal assistance throughout the entire enforcement process, from the analysis of the enforceable title to the coordination of proceedings before the bailiff and representation in any disputes arising from enforcement, ensuring effective protection and recovery of the creditor’s rights in full compliance with both national and European legal requirements.