Lis pendens (litispendență) in Romanian civil procedure
Lis pendens arises when the same dispute (same parties, object and cause) is pending before two courts simultaneously. The more recently filed case is sent to the court that received it first.
Definition
What is litispendență?
Under art. 138 NCPC, lis pendens arises when the same parties, object and cause are simultaneously pending before two courts. The more recently filed case is transferred to the court that received it first. All three identity conditions (parties, object, cause) must be met cumulatively. If one case is already finally decided, the applicable defence is res judicata, not lis pendens.
Frequently asked questions
Yes, with special rules. EU disputes are governed by Brussels I Recast (Regulation 1215/2012). The later-seised court must stay proceedings until the first court's jurisdiction is established.
Do you have a case in court?
Look up your case. On its page you choose how you want to follow it.