Internaţionalizarea jurisdicţională românească prin convenţia de alegere a forului
Romanian Jurisdiction Internationalization Through the Choice of Forum Convention

Summary/Abstract: On February 8, 2024, the Court of Justice of the EU ruled in case C 566/22. The Court established that the choice of the courts of another Member State, by parties established on the territory of the same Member State, for the resolution of their dispute, constitutes a sufficient element of extraneity for the application of Regulation (EU) No 1215/2012. This paper outlines the impact of the judgment in case C 566/22 on Romanian law. Starting with January 10, 2015, articles 6 and 25 of the regulation have tacitly repealed art. 1067 paragraph 1 and 1068 Civil Procedure Code. Since February 8, 2024, patrimonial litigations, included in art. 1 of the regulation, could be exported (internationalized), from a jurisdictional point of view, through the choice of forum convention. This, even though they are linked to Romania, by all circumstances, apart the designated forum. The choice of forum convention must be valid according to art. 25 para. 1 and 4 of the regulation. Therefore, case C 566/22 considerably reduces the scope of art. 126 of the Civil Procedure Code and restricts the scope of the internal rules of substantive and territorial jurisdiction in the Romanian Civil Procedure Code. Also, the export of patrimonial disputes from Romania could reduce local budgets, by not collecting or fully refunding the judicial stamp duties to the plaintiff.

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