Daniel Badea, Managing Partner Clifford Chance Badea

Clifford Chance Badea's Dispute Resolution practice obtained a favorable solution for a representative company in the aeronautical leasing industry in a complex matter involving both elements of Romanian criminal and civil law, as well as contractual aspects regulated by English law, aimed at protecting the rights of a bona fide third party affected by a criminal seizure measure.

The matter was managed by a Clifford Chance Badea litigation team, which worked closely with the Clifford Chance London team to integrate the transnational dimension of the case into a robust litigation strategy.

“Our extensive multi-jurisdictional experience and our litigation team’s expertise in highly complex cases have contributed to obtaining this important decision for our client,” says Daniel Badea, Managing Partner Clifford Chance Badea.

“At the same time, the ruling brings an important contribution to shaping a coherent and balanced judicial practice related to the protection of bona fide third parties, especially in complex cases with foreign aspects and cross-border implications,” added Vicu Buzac, who led the Bucharest litigation team in this case.

The court admitted Clifford Chance Badea’s request and withheld, as a matter of principle, that the rights of third parties in good faith must be protected, including in the context of precautionary measures ordered during a criminal case. 

At the same time, the court emphasized that it has not only the competence, but also the obligation to verify, including ex officio, whether the grounds that formed the basis for the imposition of the seizure measure still exist, in the absence of an express regulation applicable after the closure of the criminal procedure.