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Clifford Chance
Briefings

Briefings

No fault, no inflation indexation: Romanian courts confirm that a debtor cannot be penalised for a criminal garnishment

17 September 2026

Can a debtor be required to pay additional indexation amounts for non-payment when a debt is frozen under a criminal precautionary measure? Romanian courts have recently confirmed that this is not possible.

In a recent final ruling, the courts rejected a claim for approximately EUR 2 million in inflation indexation, holding that a debtor cannot be held liable for non-payment during a period in which payment was legally prevented by a criminal garnishment. The decision provides useful guidance on the interaction between civil enforcement and criminal precautionary measures.

Download the briefing below prepared by our team in Bucharest and explore more about this topic.

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