Romania
In order to prevent the defendant from trying to dispose of his assets prior to a final judgment, Romanian courts can grant several types of provisional measures. These provisional measures and the interim relief referred to above are both special proceedings and share some commonalities, such as their temporary nature. However, under Romanian law, distinct procedures are required for (i) provisional measures ordered to prevent the defendant from trying to dispose of his assets prior to a final judgment; and (ii) interim relief ordered to preserve the claimant's rights, or to prevent irreparable damage to the claimant, until a final decision on the case is granted.
Among the provisional measures that Romanian courts can grant, the freezing of immovable assets and the freezing of bank accounts are the most important. In general, the same court that has jurisdiction over the substantive claim is the one that can grant provisional measures.
Although each measure has individual admissibility conditions, there are several features common to them all:
- the judge has discretion in granting the temporary measure, taking into account:
- the risks associated with delay; and
- the initial analysis of the claimant's case;
- in most cases, the law requires the claimant to provide a security deposit, which can vary in amount, up to 20% of the claim or, in exceptional cases, up to 50% of the claim;
- the interested party must provide proof that the claim was filed before the filing of the provisional measures request. Accordingly, these provisional measures cannot be requested pre-action; and
- the measures granted by the court are usually for a limited time period, until a final decision is rendered on the merits of the case.
The claimant may request the seizure of any movable or immovable assets belonging to the defendant (with limited exceptions such as personal or domestic use assets which are necessary for the daily living of the defendant or his family, letters, photos, etc.) or the freezing of bank accounts. It is not necessary for the claimant to identify in their request either the assets or the bank accounts.
The procedure is resolved initially without summoning the parties. Any appeals must be filed within five days of the decision, and it is mandatory for the court to summon the parties for the hearing of the appeal. Claimants can be held liable for damage caused to the defendant by the seizure should the court subsequently find that the attachment should not have been granted.