Refund of Court Fees

The refund of court fees is a process provided by Romanian legislation, through which certain amounts paid as stamp duties can be recovered in full, partially, or proportionally, depending on the circumstances of the case. Article 45 of Government Emergency Ordinance No. 80/2013 regulates the cases and procedure for refunding these fees.

Cases in which court fees are refunded

According to Article 45, a refund of court fees can be requested in the following situations:

• The fee was not due – when a fee was paid that, according to the law, was not required.
• The paid amount exceeds the legal amount – when the amount paid is higher than what is established by law.
• The action becomes irrelevant – if, during the process, a legal provision renders the action or claim unnecessary.
• Cancellation of the claim – when the claim is canceled due to failure to meet legal formalities or if the claimant withdraws the claim before the defendant is notified.
• Divorce – if the parties withdraw from the process or reconcile during the divorce proceedings.
• Accepted enforcement challenge – if an enforcement challenge is admitted definitively, the refund will be proportional to the acceptance of the claim.
• Administration of evidence by lawyers or legal advisers based on Articles 366 and following of the Civil Procedure Code.
• If the participant in the process, who has been recused, abstains or if the request for recusal or transfer is admitted.
• Lack of jurisdiction of the court – if the court declares itself incompetent and sends the case to another jurisdictional authority.
• Reconciliation or settlement of the parties – when the parties reach a compromise or end the process through a settlement, according to Articles 438 and following of the Civil Procedure Code.
• Acquiescence – when the defendant agrees to the claimant's claims.
• Other causes explicitly provided by law.

Proportionality of the refund

In certain cases, the law provides for only partial refund of the paid fee. For example:

• In cases of withdrawal from the process, reconciliation of the parties, or acquiescence to the claimant's demands, half of the paid amount is refunded.
• In cases where a request for recusal is accepted, or the parties' settlement ends the process, half of the fee is refunded.

Refund procedure

The request for a refund of court fees must be submitted to the court where the action was originally filed. In special cases, such as fees paid to the Ministry of Justice or the Prosecutor's Office attached to the High Court of Cassation and Justice, the refund request must be submitted to these institutions.

The request must be made within one year from the date the right to refund arises, and the refund will be processed by the administrative territorial unit where the fee was paid.

Conclusion

The refund of court fees represents a measure to correct any erroneous payments or situations where the process becomes unnecessary, thus helping protect citizens' financial rights. To ensure the proper fulfillment of the refund conditions, it is recommended to consult a lawyer specialized in civil procedure.