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 »

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 »

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 »

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 »

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 »

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 »

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 »

Musat & Asociatii’s team coordinated by Dr. Gheorghe Buta (Partner) and Madalina Berechet (Partner), assisted by Angela Mare (Managing Associate) achieved another victory in court for Mircea Diaconu in his fight against the National Agency of Integrity (ANI). The Bucharest Court of Appeal dismissed as ungrounded the action initiated by the Agency requesting the court to quash the decision by which Diaconu’s tenure as Member of the European Parliament has been validated. Hence, Mircea Diaconu maintains his position within the European Parliamentary, as elected through the vote in May 2014. “The Court’s decision validates a public and democratic vote earned by Mircea Diaconu in the EU Parliament elections, with ANI’s accusations alleging that the office as Member of the European Parliament has been held illegally being dismissed as ungrounded by the court of law.  ...more »

While the economic recession has shadowed the development of several sectors of the domestic economy and, consequently, has affected the activity of law firms in terms of consultancy, disputes, which have flourished in those troubled times, have continued blooming in recent years.  Probably the sole practice area that lawyers cannot complain about, litigation, has seen great effervescence over the past years, having a major contribution to the increase of the revenues posted by law firms. This trend will be maintained, at least in 2014, hence confirming that “in general, dispute resolution is a safe haven for law firms in times of economic distress”, as Robert Rosu, Partner of Tuca Zbarcea & Asociatii, says. ...more »

Aversa Manufacturing has won the lawsuit filed by the State Assets Management Authority in September last year which disputed the tendering procedures of the takeover bid for Aversa. In April 2014 the Bucharest Court rejected the SAAA’s appeal and on September 23, the Court of Appeal also rejected the final appeal confirming that the centrifugal pumps manufacturer complied with all legal requirements of the tender offer in accordance with the related specifications. Biris Goran acted as representative of the company member of the Benevo group, offering ongoing assistance in this litigation. The law firm also advised Aversa in the acquisition transaction, as well as in insolvency and real estate matters....more »