What is a jurisdictional transfer (declinare de competență) in Romanian courts
A jurisdictional transfer means the court where the case was filed finds it lacks jurisdiction and sends the case to the correct court. The case is not lost: it is transferred.
Definition
What is a jurisdictional transfer?
Under art. 130-132 NCPC, a court that finds itself lacking jurisdiction transfers the case to the correct court. Procedural acts already performed remain valid (art. 137 NCPC).
What happens next?
The receiving court may accept jurisdiction or decline in turn, creating a negative conflict of jurisdiction resolved by the common superior court (art. 134 NCPC). Expect a delay of weeks to months before a new hearing date is set.
Frequently asked questions
No. The fee paid at the first court is transferred along with the case file.
Yes, by recurs within 5 days of pronouncement (art. 132 para. 3 NCPC).
Do you have a case in court?
Look up your case. On its page you choose how you want to follow it.