Withdrawal from proceedings (renunțare la judecată) in Romanian civil law
Withdrawal from proceedings means the claimant withdraws their court application without renouncing the underlying right. The case closes but the right may be pursued again.
Definition
What is renunțare la judecată?
Under art. 406-408 NCPC, the claimant may withdraw their claim at any time. If the defendant has already been notified, their consent may be required after the first hearing. The court issues a ruling acknowledging the withdrawal. Court fees paid by the claimant are 50% reimbursable if withdrawal occurs before the first hearing. The underlying right is preserved: a new action can be filed if the limitation period has not expired. Compare with renunțare la drept, which permanently extinguishes the right.
Frequently asked questions
Yes, after the first hearing, if they have a legitimate interest in obtaining a ruling on the merits: e.g. to have the claim declared unfounded. The court assesses whether the refusal is justified.
50% is reimbursed if withdrawal occurs before the first hearing. No reimbursement after that point.
Do you have a case in court?
Look up your case. On its page you choose how you want to follow it.