¿Cómo inicio una demanda civil en Rumanía por incumplimiento de contrato con un proveedor que no me reembolsa?

Before going into further details, it is important to note that between professionals, the deadline for notifying defects is two business days, under the sanction of losing the right to seek rescission of the sale. This applies in the case of hidden defects, meaning defects which, at the time of delivery, could not have been discovered by a prudent and diligent buyer without specialist assistance.

If the defect is apparent, the issue can be treated as contractual non-performance, and the available remedies may include termination of the contract and restitution of the price. Other typical remedies include: refund of the price, replacement of the goods, repair at the supplier’s expense, damages (including consequential losses), interest, and legal costs.

Before initiating court proceedings, it is advisable to send the supplier a formal pre-litigation notice requesting a refund, replacement, or repair within a clear deadline. Although Romanian law does not impose a mandatory conciliation step in most commercial disputes, such a notice is important both tactically and evidentially, as it demonstrates the supplier’s refusal to remedy the situation.

Court jurisdiction: As a general rule, subject-matter jurisdiction (Local Court or County Court) depends on the value of the claim. Territorial jurisdiction is usually determined by the defendant’s registered office, although in certain situations, jurisdiction may also be established at the claimant’s place of business.

Evidence: The claim should be supported by the contract, invoices, transport documents (if any), photos and videos of the defective goods, technical reports or expert opinions (even private ones at an initial stage), statements from installers, technicians, or end users, and proof that the defects were notified within a reasonable time. In many cases, the court will order a judicial technical expert examination, especially where the existence or cause of the defect is disputed.

Timeframe: This depends heavily on the complexity of the case, the court, and the judge. As a general estimate, proceedings may last between 6 and 24 months at first instance. Another 3 to 8 months in the appeal court.

Legal costs: Filing a claim involves court (state) fees calculated as a percentage of the claim value, generally between 3% and 8%, subject to statutory caps. Lawyers’ fees depend on the complexity of the case and the agreed fee structure. The losing party may be ordered to reimburse court fees and part of the legal costs.