Litigation
NNDKP secures an irrevocable decision on behalf of Azomureș against GFR
NNDKP successfully represented the company Azomureș in a commercial dispute that involved damages in the amount of EUR 15 million, representing lost profits pursuant to a framework transportation agreement.  more »
Important court decision for PV industry obtained by Hategan Attorneys
Hategan Attorneys through the Tax Department won in the first instance at the Timis Court, an important lawsuit against ANAF, DGFP Timis, representing one of the largest developers of renewable energy projects in the West. Thus, the Timis Tribunal decided that several components of the photovoltaic park can not be considered as constructions, thus avoiding the increase of the building tax due. This court judgment could have a major impact on the renewable energy industry. more »
February 05, 2018 12:59
Oil company Chevron will pay the National Agency for Mineral Resources (ANRM) $ 73,450,000 following the termination of three concession oil concessions without complying with the financial obligations of the Oil Law. Following the decision of the International Court of Arbitration of the International Chamber of Commerce in Paris (ICC Paris), the most important international commercial arbitration institution, Chevron is obliged to pay ANRM the amount of USD 73,450,000, plus the legal interest rate set at the NBR + 8%, calculated from 23 October 2014 until the date of full payment, as well and the arbitration costs incurred by ANRM. ...more »
April 24, 2017 15:37
NNDKP successfully represented the joint venture created by FCC CONSTRUCCION SA - ASTALDI SPA - CONTRATAS Y VENTAS, S.A. "CONVENSA” in the litigation centered on the award by Compania Națională de Căi Ferate "CFR" SA ("CFR") of the public procurement contract "Rehabilitation of the Frontieră – Curtici – Simeria Railway, part of the IVth Pan - European Corridor, for the circulation of trains with a maximum speed of 160 km/h, Section 3: Gurasada-Simeria"....more »
February 14, 2017 14:40
SCA Zamfirescu Racoţi & Partners (ZRP), as lawyers and TPA Romania, as financial experts, both selected following a procurement procedure to ensure the representation of SAPE ( Societatea de Administrare a Participațiilor în Energie), obtained a final arbitration decision at the Paris International Chamber of Commerce (ICC), which granted in part SAPE's action against companies Enel Investment Holding BV and Enel S.p.A. (Enel), the latter being obliged to pay the sum of 401,209,541.29 Euro. ...more »
October 05, 2016 12:44
The Financial Supervision Authority (FSA), represented by Musat & Asociatii, won the final process initiated by Fondul Proprietatea SA, through which the Fund requested the Authority to approve changing the fee agreed with the Fund Manager, Franklin Templeton Investment Management Ltd . The litigation was initiated in 2012, 2 years after the conclusion of the administration of Franklin Templeton Property Fund when the Fund's shareholders decided to change the structure of the fee set by the management agreement concluded with Franklin Templeton, asking the opinion of the FSA for this increase, according to the law. ...more »
February 24, 2016 10:08
Biriș Goran law firm announces the successful closure of a new stage in the lawsuit between Farmec SA and ANAF. On 18 February 2016, the litigation team headed by Mihai Nusca obtained in court the annulment of the taxation decision issued by ANAF for Farmec SA, amounting to approximately EUR 13 million. The decision can be appealed. Previously, in the settlement phase of the tax appeal, Biris Goran team managed to partially annul the taxation, amounting to approximately EUR 2 million. In December 2014, ANAF decided to compel Farmec to pay approximately EUR 15 million, an amount which represented the recalculation of the payment of excise duties related to the alcohol used in the product networks included in the company’s portfolio. In the first phase, Biriș Goran team obtained in court the admission of the claim for suspension of the exercise of the taxation decision issued by ANAF until the settlement on the merits of the action requesting the annulment of the said decision....more »
February 17, 2016 11:24
After three years of delays, energy trader Alpiq Romindustries and aluminum producer Alro SA lose law suits in favor of Hidroelectrica. Alro and Alpiq were requesting damages worth of 146 million EUR for not being registered in the preliminary table of claims after Hidroelectrica entered insolvency.  From October 2011 to December 2012, Hidroelectrica faced extreme dryness and therefore, the low debits of the Danube could not provide the foreseen amount of energy to its creditors. At first, it tried to compensate by buying thermic energy and selling it for an even lower price. But, when the financial resources were exhausted, the company invoked force majeure, which allowed them to diminish the quantity of energy provided to its commercial partners. The Court entitled Hidroelectrica to the reimbursement of the trial expenses, approx. 28.600 EUR. Alro was represented by Tuca Zbarcea & Asociatii, and Alpiq by law fir, Schoenherr. ...more »
May 06, 2015 16:47
Maravela & Asociații announces the consolidation of its litigation, arbitration and ADR team further to the promotion of Ioan Roman and Mirela Metea within the firm`s management structure. Ioan Roman is now managing associate while Mirela Metea was promoted to the position of Senior Associate within the Litigation, Arbitration and ADR department of the firm. ...more »
October 16, 2014 16:43
The European Commission is taking Romania to Court for a failure to comply with EU legislation on mining waste. The case concerns the Bosneag pond, a 102-hectare tailing pond that holds waste extracted from copper and zinc mines in Moldova Noua, the Caras-Severin County, and which is currently in a state of almost complete abandonment. The Commission opened infringement proceedings against Romania on this matter with a letter of formal notice in October 2012, followed by a reasoned opinion in February this year. Subsequently, Romania agreed that the Bosneag pond remained a source of pollution during windy periods and admitted the need for remedial measures. While some measures have been proposed, including for example a watering system, no tangible action has yet been taken....more »
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