Corporate Litigation Services in Romania

· Reviewed by attorney Oana Darie

Expert corporate litigation services in Romania are essential for protecting your business interests in the country’s complex legal landscape. Our specialized litigators provide strategic representation for international and domestic companies in shareholder disputes, contract breaches and commercial conflicts, from pre-litigation negotiations to the enforcement of the final decision, before courts throughout Romania.

Which companies do you work with?

Mostly foreign companies involved in corporate disputes with Romanian companies or with other foreign businesses that have local operations. We also represent Romanian companies.

What services do your Romanian corporate litigation lawyers provide?

Our law firm in Romania can offer you assistance and representation in:

  • director liability;
  • interference with contractual relations;
  • contract disputes;
  • lender liability;
  • environmental litigation;
  • disputes between shareholders, partners or members, including in general and limited partnerships;
  • commercial evictions;
  • unfair competition claims;
  • commercial debt collection.

We guide you through the entire process: obtaining or opposing urgent and interim measures, such as presidential ordinances (ordonanța președințială) and precautionary attachments, the trial itself, arbitration, mediation and other forms of alternative dispute resolution. Our lawyers also advise on acquisitions, mergers, restructuring, corporate governance, real estate, equity matters and taxation, so that the litigation strategy takes the whole business context into account.

Do you offer assistance in contract breach cases between companies?

Yes, we do. We offer support in both B2B (business-to-business) and B2C (business-to-consumer) cases. Our services cover:

  • failure to pay invoices;
  • faulty goods or services, or failure to deliver them;
  • non-compliance with commercial agreements.

Note: we recommend contacting our Romanian corporate lawyers as soon as a breach of contract is noticed, so that evidence can be secured and no deadline is missed.

Can corporate litigation be avoided in Romania? Can you offer assistance, if required?

Yes, it can. We frequently recommend mediation or strategic negotiation as viable alternatives. These methods keep the dispute confidential and can significantly reduce the time and costs of a public trial in the Romanian courts. Mediation is voluntary, so both parties must agree to it.

We also recommend trying to reach an agreement with the other party, in which case our Romanian lawyers can negotiate new contract terms on your behalf.

Arbitration or court proceedings. Our corporate lawyers in Romania can assist in both types of procedure.

Can I choose between arbitration and litigation when it comes to a corporate dispute?

Arbitration is possible only if you and the other company agree to it in writing, either through an arbitration clause in the contract or through a separate agreement concluded once the dispute has arisen, which means you depend on the other party. Litigation, on the other hand, does not require any prior agreement: you can file your claim directly with the competent court.

Which courts handle corporate litigation in Romania?

  • State courts: under the Code of Civil Procedure, jurisdiction depends on the value and the subject matter of the case. Money claims of up to 200,000 lei are heard at first instance by the judecătorie (district court), and claims above that amount by the tribunal. Company-law disputes, such as actions to annul shareholder resolutions, the withdrawal of a shareholder or the court-ordered dissolution of a company, are heard by the tribunal of the company’s registered office.
  • Arbitration: the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (CCIR), in Bucharest, is Romania’s longest-established permanent arbitration institution. Depending on the arbitration agreement, a dispute can also be referred to other arbitration institutions in Romania or abroad, or to ad hoc arbitration.

Most corporate disputes are settled under the Companies Law (Law 31/1990), together with the Civil Code. Our expertise lies in applying this framework to protect your rights in cases of breach of directors’ duties or mismanagement.

Do I need a Romanian lawyer if I have a foreign company and need legal representation in a litigation case?

In practice, yes. Apart from its own legal representative (for example, its director), a company can be represented in a Romanian court only by a lawyer or by an in-house legal adviser (consilier juridic) (Code of Civil Procedure, art. 84). In a second appeal (recurs), the application and the submissions must be drafted and argued by a lawyer or legal adviser, under penalty of nullity (art. 13(2) and art. 84(2)).

Lawyers from bars outside the EU cannot plead before Romanian courts. Lawyers from EU and EEA states and Switzerland can, under the conditions set by Law 51/1995 on the legal profession. Since proceedings are conducted in Romanian, a foreign company is best served by a lawyer registered with a Romanian bar.

What is the average duration of a corporate litigation case in Romania?

The duration depends on the complexity of the case and on the court’s workload. Our strategy focuses on procedural efficiency to avoid unnecessary delays and, where possible, we use pre-litigation tactics to reach a faster resolution.

Our extensive experience with local and international litigation has strengthened our ability to find the best option for each client and to pursue the best possible outcome. Contact our Romanian lawyers for more details.

Cristian Darie

Cristian Darie

Meet Cristian Darie, a committed lawyer at Darie, Manea & Associates skilled in national and international legal matters. Contact our firm for legal assistance.

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Marcela Manea

Marcela Manea

Meet Marcela Manea, managing partner at Darie, Manea & Associates, a lawyer since 2006, guiding clients through complex legal matters in Romania.

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Oana Darie

Oana Darie

Attorney at law: litigation, property restitution (ANRP) and real estate.

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Adriana Tugui

Adriana Tugui

Adriana Țugui heads the litigation and arbitration department at Darie, Manea & Associates and has practised as a lawyer since 2007.

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Laurentia Gheorghe

Laurentia Gheorghe

Laurentia Gheorghe is a senior lawyer leading our Criminal Law and Business Crime Department in Romania. Contact Darie, Manea & Associates for criminal defense.

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Cătălina Bazan

Cătălina Bazan

Junior lawyer: immigration, litigation and legal consultancy.

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Oana Vasilescu

Oana Vasilescu

Legal assistant: drafting legal documents and dealings with public authorities.

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