First instance, appeal and recurs — key differences in Romanian civil procedure

The three phases of a civil case

Romanian civil litigation typically has three distinct procedural stages under the New Civil Procedure Code (Law 134/2010):

1. First instance (Fond)

Courts: district court (judecătorie) for claims under 200,000 RON; tribunal for higher-value claims, labour disputes, administrative litigation. Evidence is collected and the first ruling is issued. This is the only phase where facts are established.

2. Appeal (Apel)

Filed within 30 days of communication of the first-instance judgment. The case is fully re-examined on facts and law. New evidence is conditionally allowed. The appeal judgment is definitive — immediately enforceable.

3. Recours (Recurs)

Filed within 30 days of communication of the appeal judgment. Limited to legality review only — no new evidence, no re-examination of facts. Grounds are limited to those in art. 488 NCPC. Not available in all matters (e.g. not available for civil claims under 500,000 RON).

Comparison table

• Fond: full fact + law review, evidence allowed, Judecătorie/Tribunal
• Apel: full fact + law review, new evidence conditional, Tribunal/Curte de Apel, definitive ruling
• Recurs: legality only, no evidence, Curte de Apel/ICCJ, final and irrevocable ruling