Judecatoria Sector 3 Bucuresti; 2018-06-28; 4559/301/2018
Decision by national courts in the field of European Union law — ECLI:RO:JDS3B:2018:001.008252
Date: 2018-06-28
Subject matter: Judicial cooperation in civil matters
Origin: Romania

82018RO0628(51)_ENG_SUMJURE
JURE summary
JURE summary
This case regards a dispute over the payment of a debt resolved by the Judecatoria Sector 3 Bucuresti (hereinafter ‘the Court of First Instance’).
A creditor (hereinafter ‘the plaintiff’) sought the issuance of an order for payment by which the debtor (hereinafter ‘the defendant’) would be obliged to pay the plaintiff the sum representing the value of the goods delivered by the plaintiff but unpaid by the defendant. The jurisdiction of the Court of First Instance was based on Article 25 of the Brussels I Regulation (recast) (1) since the contract between the parties contained a jurisdiction clause in favour of the Romanian courts.
In support of its application, the plaintiff provided necessary evidence, including the written contract and invoices. It was sufficiently proved that the contract was duly agreed, signed and stamped by the defendant. The goods were delivered and received, the invoices undeniably determined the sum of the contract and the period for payment had expired. The Court of First Instance acknowledged the claim to be unquestionable and due.
The defendant did not lodge any statement of defence.
Based on the Codul de procedură civilă (2) provisions, the Court of First Instance ruled in favour of the plaintiff and ordered the defendant to pay the amount owed within 20 days from receipt of this judgment.
(1) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) Code of Civil Procedure.