Exequator. Este judecătoria instanţă de executare dacă încuviinţarea silită a fost dispusă de către tribunal?
Exequator. Is the first court an enforcement court if the Tribunal has ordered a distraint?

Summary/Abstract: This comment concerns a declination of jurisdiction decided by the Court of Appeal of Timisoara regarding an application for provisional suspension of enforcement ordered by the Timis Tribunal by means of an exequator's judgement. The debtor filed the application for provisional suspension with the Timişoara Tribunal, which it considered to be the enforcing court, but it declined jurisdiction in favour of the Timiş Tribunal, taking the view that it would be contrary to the principle of hierarchical jurisdiction for the Timişoara Tribunal to analyse the legality of the Timiş Tribunal's decision, as the latter is a lower court. In its turn, the Timis Tribunal held that the enforcement court can only be the court of first instance, according to Art. 651 para. (1) of the Civil Procedure Code, even in the exceptional situation in which the legislator assigns to it the power to issue a writ of execution, and the appeal to enforcement seeks the cancellation of the writ of execution. The Court of Appeal held that the attribute of having jurisdiction to grant a declaration of levy of execution is an effect of the fact that a court is regarded as an "enforcement" court and not a cause of such recognition.

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