Trial costs requested by separate claim, after the final resolution of the original litigation. The material power to solve the claim

DREPT CIVIL ȘI DREPT PROCESUAL CIVIL

Abstract

The legal writing underlined the autonomous nature of such action by stating that in all cases where the trial costs are requested by way of a separate claim, it is a main claim and the claim ground is the procedural fault deriving from the loss of the trial and that, irrespective of the nature of the trial in which the expenses were made (civil, administrative disputes, labor disputes etc.), the trial for granting the trial costs only is a distinct civil trial, therefore the claim is tried in the first court by the district court or the tribunal, as applicable, depending on the amount.