Litigation and Dispute Resolution
Most representative projects
Assisting Delgaz Grid in challenges against ANRE’s orders approving the regulated rate of return applicable to power and natural gas distribution tariffs in the period 2019 - 2023. In 2019, the regulated rate of return for both sectors have been set by ANRE at a record-low value since the privatizations and has caused the Romanian Government to intervene in 2020 to suspend the effects of the challenged ANRE legislation. Assistance and representation to Pluxee Romania in debt recovery procedures against over 70 debtors of Pluxee Romania. The matter involved various procedures including payment ordinances, insolvency and pre-insolvency procedures, settlements, enforcement procedures. With the firm’s assistance, most of the debts were recovered after mediation processes.
Assisted E.ON Energie Romania and Delgaz Grid in proceedings commenced against the Romanian Energy Regulatory Authority in relation to regulated tariffs and related matters, with an aggregated value of over €200 million.
Specialist lawyers: Stefan Botezatu, Daniela Goreacii, Miruna Nitu.
BACIU PARTNERS (see profile ...)
Assisted Asociatia Suporter Club UTA in relation to several litigations, all part of the overall dispute currently pending between the legal entity Asociatia Fotbal Club UTA and their client, which is a founding member of the same legal entity, and holder of the UTA trademark and record of one of the oldest football teams in Romania. The disputes revolve around the football (soccer) club UTA Arad and include issues related to associations matters and the trademarks that are used/are similar to the one’s used in the club’s activity.
Assisting Maxbet Malta LTD, one of the major companies operating in the gambling field, before the national courts in various disputes involving gamblers.
Assisted a major retailer in relation to various litigation cases against contractual partners, for matters arising from concluded agreements, commercial aspects, as well as against National Authority for Consumers Protection in Romania or other relevant authorities in the field relevant for the client’s activity.
Assiting a tech company active in Romania in relation to a civil litigation with a former contractual partner.
Assitance to a leading European retailer in relation to several construction law cases and tort liability cases in contradictory with natural persons and legal entities.
Specialist lawyers: Ana-Maria Baciu, Irina Valeanu, Ileana Nicolescu, Bogdan Cheran, Oana Matei Ionescu, Iunia Radu, Nicola Costea, Iulia Dobre.
BIRIS GORAN SPARL (see profile ...)
Continued assisting Banca Comerciala Romana, a member of Erste Group, the most important financial group and the largest bank in Romania, in the largest tax dispute in Romania. The client was subject to one of the very first and largest tax audits of financial transactions in Romania.
Assisting all local CTP affiliates in various tax litigation files concerning the applicability of VAT to its complex operations.
Successfully assisted Stratum Energy, the Romanian division of an energy company incorporated in the United States and active in the exploration and extraction of petroleum in Romania. The company has an EUR multi-million tax liability revolving around issues of income tax, deductibles and the accounting impact of the company’s nature as a division of the mother company, with no legal personality. The team has successfully obtained a final decision by the Romanian High Court confirming the annulment of more than 90% of the client’s tax liability.
Legal advisor to Distributie Energie Electrica Romania, a major actor on the Romanian energy market involved in a longstanding tax dispute, going back several years, dealing with an EUR multi-million tax liability.
Assistance for Barbury Holdings Limited, in a complex, multipronged dispute following the fraudulent takeover of its wholly owned Romanian subsidiary holding prime down town residential real estate.
Specialist lawyers: Mihai Nusca, Oana Olteanu, Mioara Grecu, Radu Iosub, Raluca Rusu-Oana.
BOGARU, BRAUN NOVIELLO & ASOCIATII (see profile ...)
Acting for a French company in relation to a claim against a building contractor.
Acting for a foreign investor in relation to dispute in relation to interpretation of documentation in relation to the purchase of Romanian real property.
Representing foreign investor in relation to claims brought by the State of Romania in relation to its business including representation against legality of Governmental ordinances.
BONDOC SI ASOCIATII SCA (see profile ...)
Successfully represented Rosenbauer AG, the largest European producer of vehicles and devices for in the fire protection industry, in consortium with a Romanian entity, Deltalift, in a challenge of a major public procurement procedure for acquisition of hydraulic platforms by the Romanian State Inspectorate for Emergency Situations, funded with European Union grants. The firm's litigation and public procurement team succeeded to prevail before the court and to overturn a negative result in the administrative-jurisdictional phase of the challenge of the awarding of the contract for the client by the other offeror in the procedure. The result obtained by the team secured the execution of the contract by the client, it being a major victory which confirms the outstanding value of the law firm's team professionalism and expertise in public procurement litigation.
Representing Mr. Ioan Tecar in series of disputes with Fertero limited and its affiliate, owned by the Abris fund, on the payment of the price for purchase of the shares in two businesses involved in paper products industry, developed by Mr. Tecar. The assistance involved counselling on the successful enforcement of the securities executed in favour of the client, on the dispute which arose in the English courts on the share purchase agreement, as well as in several corporate disputes arising once Mr. Tecar became again minority shareholder in the formerly owned companies. This is a complex multi-disciplinary engagement, where combined capacities of several departments of the firm - corporate and M&A, financing and dispute resolution - are involved. The firm's expertise and knowledge of the affair have already led to a first success for the client, who succeeded to enforce the mortgage on a part of the shares corresponding to the price in dispute.
Representing Engie Romania and its affiliate Distrigaz Sud Retele in several insolvency proceedings of the local producers and distributors of thermal energy, first in the insolvencies of ELCEN and RADET, the thermal production and distribution entities in Bucharest, as well as in the insolvency proceedings of the smaller entities of the same kind in the cities of Constanta, Vaslui and Buzau. Apart from the very high direct financial stake, these mandates cover extremely complex legal issues, related to the regulatory aspects on energy and providing of thermal energy as public service, at both central and local governmental level, financial aspects on state subsidies for such activity, the obligation to continue to supply the distribution services in case of reorganization, the relationship with the other suppliers, the potential reorganization by business transfer of the debtor and many more. The assistance includes the representation of the clients in the creditors committee and creditor meetings as well as before the courts, including on several challenges to the measures taken so far by the judicial administrators and the creditors committee and creditors meeting and for the confirmation of the reorganization plan of these entities.
Represented the Romanian division of the pharma multinational Sandoz, in a very large public procurement dispute related to the provision of medicines for two years for the national programmes of oncologic treatments, carried on and financed from the budget of the Ministry of Health. The procurement procedure had been challenged by the former provider of innovative medicines for the same therapeutic indication, who wanted to preserve his contract and the priority in supply beyond the protection period for the innovative medicine. Nevertheless, both the judicial administrative bodies and the court dismissed the former provider challenges and uphold the decision of the contracting authority to organize the purchase of generics, allowing our client to bid for this publicly funded health program.
Representing GlaxoSmithKline’ Romanian branch in a high value fiscal dispute with the fiscal authorities following an extensive and aggressive inspection. The court uphold the company position and granted both the suspension of the enforcement of the additional fiscal liabilities as well as the setting aside on the merits of most of the additional liabilities determined by the fiscal inspection. The fiscal authorities appeal on the suspension has already been dismissed and the proceedings on the merits are awaiting the appeal before the High Court. This large legal victory confirms the firm's abilities in intricate fiscal and administrative litigation, combined with their outstanding expertise in pharma sector.
Specialist lawyers: Lucian Bondoc, Viorel Dinu, Ioana Katona, Simona Petrisor.
BULBOACA & ASOCIATII SCA (see profile ...)
Providing legal assistance and representation to one of the leading private railway companies in Romania, in a litigation against the National Railway Company in connection to the annulment of a lease agreement of non-interoperable tracks, with a potential significant impact on the reduction of the lease.
Representing and assisting Chimcomplex, a major company activating in the chemical industry, in connection to an approximately €3 million claim arising from a services agreement, against an important American investment adviser.
Representing and assisting one of the most remarkable companies in wood processing industry, in complex litigations initiated against forest authorities, in connection to an approximately €3 million sanctions imposed by the aforementioned authority.
Successfully assisting and representing Regia Autonoma Aeroportul Oradea in a complex litigation initiated by a well-known consortium activating on the construction market in Romania with respect to claims arising from a procurement agreement.
Providing legal assistance and representation to one of the largest financial services provider in connection to a large portfolio of enforcement files following the transfer of non-performing loans portfolio belonging to a well-known bank in Romania, oriented to the satisfaction of a higher rate of the claims, but also for the adjudication of strategic assets in the pursue of business continuity.
Specialist lawyers: Andrada Irina Bulgaru, Lidia Zarnescu, Andreea Hlihor, Ana Adascalitei.
BWSP HAMMOND BOGARU & ASSOCIATES (see profile ...)
Assisting French based company in drafting corporate documents and different legal opinions in connection with data protection, competition matters, drafting commercial contracts. Assisting multinational Swiss-based pharmaceutical company in a series of debt recovery cases from Romanian debtors.
Assisting French automotive group in drafting commercial contracts and in relation to all employment issues for the Romanian companies of the group. Assisting an industrial automation multinational company in relation to securing the payments from the Romanian company.
Providing legal advice to Client company regarding all related issues of the contractual arbitration clause, analyzing risks and opportunities of submitting further claims with the Romanian courts considering the pathological arbitration clause.
Acting on behalf of the Romanian energy distributor in a series of debt collection cases. Representing the client’s interest in front of the Committee of creditors. Conducting the negotiations for the sale of the debtor’s business in order to speed up the process of debt collection.
CLIFFORD CHANCE BADEA (see profile ...)
Representing a player in the aviation industry in a series of court proceedings as a result of criminal fraud/money laundering perpetrated by one of their Romanian commercial partners, which scammed their clients with a fake charter flight. Recently, the team achieved a favorable outcome in the Romanian courts in a complex mixed criminal/civil case to protect the client's position in light of the fraud.
Advising a major Romanian business in a complex risk management issue, resulting from the indictment of key personnel of the company for serious offences. The team developed a strategy to ringfence the management and the shareholders from the criminal conduct, by emphasizing internal compliance measures taken to avoid such scenarios.
Representing a major Romanian financial institution in connection with historical claims associated with entities it had acquired, such as criminal investigations into alleged breaches of accounting and corporate laws by these entities, and complex proceedings stemming from claims of a former shareholder involved in financial scandals related to these entities. The law firm successfully navigated these proceedings with a focus on safeguarding the financial institution's interests during a major M&A transaction.
Representing major domestic and European companies in various sanctions-related matters as a result of EU sanctions imposed after the Russian invasion of Ukraine in relation to issues such as de-risking operations for groups with Russian subsidiaries, ensuring compliance in commodity imports to avoid breaching sanctions, and advising companies involving Romanian specialists in overseas projects to maintain compliance with sanctions rules.
Collaborating with other law firm's offices on major regulatory investigations and related English court proceedings for their global clients. Recently, they were involved in a major investigation ran by foreign prosecutors into alleged fraudulent trading activities and tax evasion, by reviewing key documents and preparing regulatory submissions.
Specialist lawyers: Daniel Badea, Stefan Dinu, Sabina Crangasu, Vicu Buzac, Laura Costea, Andreea Cretan, Larisa Farcas.
CLIFFORD CHANCE BADEA (see profile ...)
Representing a global biotechnology firm in antitrust litigation challenging a EUR multimillion fine levied by the Romanian Competition Council. The fine was imposed for an alleged concerted practice aimed at boycotting the Romanian immunoglobulin market. The team has supported the client throughout the investigation, including representation at the hearing before the Romanian Competition Council, and are currently representing the client in proceedings seeking the annulment of the fine. Additionally, they are defending the same client in a private damages claim brought by an immunoglobulin distributor, which alleges losses due to the purported infringement.
Currently representing Premier Energy, a leading gas supplier in Romania, in a high-stakes dispute against Azomures, a chemical fertiliser manufacturer part of the Swiss group Ameropa. In October 2024, the law firm and ZVRP obtained an important victory in the court of first instance in favour of Premier Energy. The case is related to a gas supply agreement and involves complex legal and technical issues, including expert analyses in the gas industry. The outcome of this case is expected to have wide implications for future gas supply disputes.
Successfully represented a major Romanian bank in a protracted legal battle spanning nearly a decade, concerning a EUR multi-million claim against the estate of a Romanian high-net-worth individual. The case involved complex issues of contract interpretation, specifically whether a guarantee could be classified as an ondemand autonomous guarantee (with liability transferable through succession). Courts at all three levels of jurisdiction upheld their arguments, as the Romanian Supreme Court recently dismissed the final appeals filed by the opposing parties. A notable achievement was the full recognition of their legal fees by the courts, which typically reduce the amounts awarded.
Advising and representing Banque Cramer (Switzerland) in enforcement and bankruptcy proceedings against City Insurance, once Romania's largest insurance company, now involved in one of the country's largest bankruptcy cases, with claims against the bankruptcy estate exceeding €1.9 billion. As the sole secured creditor in these proceedings, they have successfully assisted the bank in recovering the majority of its exposure. Recently, the team secured a significant victory in the Bucharest Court of Appeal, which upheld the bank's challenge against the liquidator's distribution of sales proceeds. The court's decision limited the liquidator's right to retain a provision amount and reduced the percentage of insolvency expenses borne by the client, resulting in an increased recovery of over €1 million.
Assisting a leading international medical equipment manufacturer in one of Romania's largest-ever public tenders for the supply of ambulances for the emergency services, valued at approximately €730 million. The client has successfully secured the contract for one of the lots and was also awarded contracts for two additional lots. However, a competing bidder has filed a challenge. The law firm is currently representing the client in these challenge proceedings to secure the contracts for the remaining two lots.
Specialist lawyers: Simona Neagu, Stefan Dinu, Sabina Crangasu, Alexandru Viespe, Vicu Buzac, Andreea Cretan, Laura Costea, Larisa Farcas.
CORCIU&ASOCIATII LAW FIRM (see profile ...)
Offered Omniasig Vienna Insurance Group consultancy, legal assistance and representation in labor law and litigations for the entire structure of the Group on the Romanian territory.
CORINA POPESCU LAW OFFICE (see profile ...)
Representation of legal and natural persons in the restitution process of nationalized immovable property;
Representation of large Romanian companies and natural persons in complex litigations pertaining to real estate, corporate law, contractual liability, insolvency and many other types of litigations before Romanian courts;
Representation of some of the largest public institutions in education, culture and justice in court cases, as well as representation of notorious public persons in complex civil and criminal cases, on aspects related to the civil claim or human rights.
D&B DAVID SI BAIAS SCA (see profile ...)
Legal assistance and representation services rendered in favor of a large company operating in the car industry with regard to the judicial procedures for annulment of a taxation decision that establishes additional tax obligations worth about Lei 70 million consisting of VAT, interests and penalties as a result of the tax authorities' re-classification of the form of the operations carried out by the company, under the justification that this does not reflect the economic content of the transactions.
Legal assistance and representation services rendered in favor of a company that activates in the real estate sector, in the judicial administrative procedures regarding the annulment of a taxation decision by which the fiscal bodies established fiscal obligations of results from the application of the legal provisions regarding the VAT adjustment.
Legal assistance and representation services rendered in favor of one of the largest companies in the consumer services and products industry in order to annul a taxation decision amounting to approximately Lei 13 million, consisting of tax on profit and VAT together with the related accessories.
Legal assistance and representation rendered in favour of a world's leading provider of both flight and ground support services in a tort liability dispute worth about €4.5 million and related to an aviation accident on Henri Coanda International Airport, Bucharest - Otopeni
Assisted a major national company acting as the leader in the electronics, home electronics, IT&C and multimedia markets in Romania in a dispute concerning misleading and comparative advertising
Specialist lawyers:Sorin David, Dan Dascalu, Ana-Maria Iordache, Ioana Cercel, Mihai Boian, Amelia Teis, Andrei Iancu.
DENTONS EUROPE - ZIZZI-CARADJA SI ASOCIATII SPARL (see profile ...)
Represented Autoliv Romania on multiple fiscal disputes and fiscal-administrative procedures, including litigations before the Romanian courts.
Advising and representing Avatar Security as a defendant in connection with alleged unfair competition claims filed by the largest player on the electronic surveillance market.
Advised and successfully represented Auchan in obtaining the annulment of the €5 million fine imposed by the Romanian Competition Council to Real Hypermarkets.
Representing Rizhao Jinfukang International Trade in connection with recognition and approval of enforcement of a foreign arbitral award against a Romanian debtor.
Represent Hidroelectrica in a major tax litigation.
Specialist lawyers: Tiberiu Csaki, Bogdan Papandopol, Raul Mihu.
DLA PIPER DINU SCA (see profile ...)
The firn's litigation and real estate teams advise and represent a significant real estate developer against two NGOs in several litigations in relation to the suspension and annulment of building permits and a Zonal Urban Plans regarding some residential projects. The complexity of the matters require a strategic approach, especially considering the legal framework, the multitude of requests and involved parties.
The firm has been advising a major gambling group, one of the world's largest online betting operators, in complex litigations aimed to challenge several decisions of the National Office for Gambling. The purpose of such litigations is to recover the rights to operate online gambling activities in Romania and to be reimbursed with substantial amounts paid to the Romanian state budget under an amnesty policy enacted in 2015 for the online gambling sector.
Advised an airline company in several complex "class action" employment litigations in relation to extensive salary rights claims (requiring sophisticated analyses), alleged discrimination claims, challenges against terminations for various reasons, extensive moral damages claims and challenges against enforcement claims.
Successfully represented AstraZeneca in a complex administrative dispute regarding the partial annulment of the Health Ministry's Order establishing the price for medicines. The whole project involved a coordinated strategic approach in representing Astra Zeneca UK Limited and Astra Zeneca AB (top multinational pharmaceutical companies) before domestic courts in their attempt to obtain the reimbursement of significant amounts paid by the clients as clawback contribution.
The firm's litigation team assisted one of the world's leading online gambling operators in the recovery of certain amounts retrospectively imposed by the Romanian authorities for the operations performed since 2010. The case involved high-level of expertise in administrative and tax law, domestic gambling regulations and EU law infringement. Moreover, this litigation involved coordination with criminal law experts on its possible implications from the perspective of potential liability.
Specialist lawyers: Radu Balas, Daniel Bistrae.
DOBRINESCU DOBREV SCA (see profile ...)
Representing a major steel producer in complex tax litigation amounting to approx. RON 180 million representing supplementary corporate tax, i.e. challenging the tax assessment issued as a result of a tax inspection of transfer pricing issues and deductibility of expenses.
Representing a well-known wood processing company throughout multiple VAT related court case files and administrative appeals, whose subject-matter concerns tax duties exceeding a total of RON 82.5 million.
Representing several major national distributors of food and non-food products in litigation concerning the challenging of fines and confiscation caused by alleged misdemeanors concerning the RO e-Transport system. The aggregate amount of penalties is of approx. RON 10 million.
Representing the company, dealing with construction works, in tax litigation concerning VAT in the amount of RON 3.5 million. originating from security services, construction and assembling as well as other services related to upgrading the Henri Coanda Airport in Bucharest. The claim was definitively upheld by the High Court.
Representing a beverage company in challenging a tax assessment for supplementary taxable base regarding corporate tax, amounting to approx. RON 17 million. The administrative challenge had partly been upheld by the tax authorities and a re-assessment is expected.
Representing a company acting in the food industry in a tax case-file concerning the tax treatment of royalties originating from the use of a famous brand in the food industry (e.g. rice, beans, canned food). First-instance court upheld their claim.
Specialist lawyers: Luisiana Dobrinescu, Iacob Buga, Alina-Adriana Arseni, Bianca Haraga.
DORU TRAILA, SILVIU STRATULAT, ADRIANA ALMASAN, ANDREI ALBULESCU - ATTORNEYS AT LAW (see profile ...)
Representing a local bank with American capital in a litigation of 7.5 million Euro with a client who applied for the nullity of certain amendments of the credit contract.
Representing the local subsidiary of a French bank in a litigation for tort liability with alleged prejudice of 4 million USD and 10 million Euro damages. Representing in over 60 court files a Polish can manufacturer in order to regain the control over a local factory privatized after 1990.
Representing the minor shareholder (49% from the social capital) in more than 100 court files in connection with a group of companies having a patrimony estimated over Euro 100,000,000.
Representing two local carbon silicate factories in several litigations against the major hydro-energy producer state owned - company in order to annul the termination notice of the contract for approx. 0.45 TW/year. Representing a Swiss company in more than 50 court files covering civil, corporate and land book registration matters.
Representing the Romanian subsidiary of a major French bank in many insolvency procedures in front of the competent courts – either in Bucharest Courts, or in the other courts in Romania for recovering significant amounts.
Representing a Swiss investor in wind energy in several insolvency procedures against their debtors.
Representing the mangers of the debtor companies in personal liability claims initiated either by the judicial administrator/judicial liquidator either by the creditor committee.
Representing local subsidiaries of multinational companies (including leading producers of electronic products and white goods products) in order to recover in insolvency procedures their commercial debts.
Suspending in court the payment of a EUR 2.5 million fine issued by the Romanian Competition Council for a client acting in the public procurement sector.
Successfully advising and representing a client operating in the IT industry in relation to several claims at National Council for Solving Complaints for the award of the agreement to be signed with Pensions Romanian House.
Challenging and representing an important Romanian telecom services provider before courts of all degrees for the annulment of the sanctioning minutes issued by the fiscal authorities following a fiscal inspection. Suspending and annulling the decision of the Environment Agency through which a can manufacturer with Polish and American capital was fined.
Suspending and annulling several decisions of the National Securities Commission regarding the stocks issued by SIF Banat Crisana – an important Investment Fund established in the privatization process.
Annulling the decision of the National Council for Solving Complaints for the award of agreement to be signed with the City Hall of Cluj Napoca in a public procurement procedure with a value of Euro 450,000,000. Representing and assisting in a dispute that has been settled having as object commercial lease in Arad shopping mall.
Representing and assisting in a dispute having as object a commercial lease located in a commercial centre located in Sibiu. Representing the most important Italian capital retailer of plumbing equipment for construction in arbitration procedures.
Representing a can manufacturer with Polish capital in an arbitration procedure in Hague against the Romanian state for investment protection (finalized through an amicable settlement).
Representing a multinational audit company in a malpraxis file. Representing global group of energy and petrochemicals companies in an arbitration procedure having as object the termination of a distribution contract.
Specialist lawyers: Doru Traila, Alexandru Moise, Eugen Chivu, Mircea Dub, Dragos Danau, Mihai Vlasceanu, Lucian Neagu, Marius Ghita, Serban Tutu;
DRAGNE & ASOCIATII (see profile ...)
Assisting one of the most reputed food & drink companies on the Romanian market in relation to the enforcement procedure of an ICSID award for the recovery of damages in amount of over USD 250 million as well as negotiating with the state representatives. The case, successfully finalized in December 2013, concerned the cancellation of a series of fiscal incentives for investment in disfavoured areas and fell under the Bilateral Investment Agreement between Romania and Sweden. Dragne & Asociatii has assisted the client in this arbitration from 2010 while part of the team have worked on this case since 2008. After 8 years of arbitration, the Court ruled in favour of the investors and decided that the Romanian state has to pay damages.
Advising the largest copper domestic producer (state-owned) in a litigation case vs. a business partner, the value in dispute exceeds EUR 17,3 million. The case concerned the annulment of a contract and it was successfully finalized, the client being exempted from the claims of RON 77 million (EUR 17,3 million). The trial was two-folded and started in 2010, the favourable solution permitting the client to rewind the privatization process.
Advising one of the largest telecommunications corporations in various litigation cases deriving from a commercial contract entered into by the client with a local company acting in the field of selling and distribution of telecommunication equipment and services. The dispute is multi-folded and implies several litigation cases as well as multiple claims and challenges brought by the client against the aforementioned defendant in the latter’s insolvency procedure.
As well, our law firm assists the client in a series of litigation cases concerning the claims brought against it for the cancellation of building permits for GSM stations and their demolition in various areas of the country.
Assisting a commercial bank in multiple litigation cases concerning enforcement, execution procedures vs. various debtors. Our team also offers advice in complex labour law cases and debts recovery.
Advising a client operating in the roads and motorways construction industry in relation to various public procurement related disputes before the National Council for Solving Complaints and in courts of law deriving from contracts in the infrastructure field (construction and repair works for district roads). The majority of the disputes were favourably settled for the client.
Specialist lawyers: Ion Dragne, Stelian Garofil, Andreia Dumitrescu, Delia Bosman, Ioana Oprea;
FILIP & COMPANY (see profile ...)
Assisting Auchan Romania in a challenge against an order of the National Authority for Consumer Protection which tried to stop the company from using the Nutriscore labelling.
Advising the Financial Supervisory Authority in defending the regulator’s decision to withdraw the business licence of Romania’s largest insurance company until 2021 (Euroins).
Representing Colonnade in first instance in an insurance claim initiated by Radisson Hotel Group for business interruption.
Specialist lawyers: Catalin Alexandru, George Trantea, Alin Grapa, Liliana Dranca, Razvan Ionescu, Adrian Cristea, Mara Udrescu, Adrian Zamfir.
GNP GUIA NAGHI & PARTNERS (see profile ...)
Successfully represented the European leader in the production of eggs and egg products in annulling a Competition Council decision that alleged antitrust violations in the consumer eggs market. The case involved one of the longest-standing alleged cartels in Romania, with practices dating back to 1994. Their defense strategy questioned the evidentiary basis and procedural validity of the investigation, leading to the inclusion of expert testimony from renowned professors. The team demonstrated that the alleged anticompetitive effects did not arise from the exchange of information, proving no infringement occurred. This result underscores their strength in antitrust litigation, EU law, and the annulment of high-stakes regulatory decisions.
The team led a high-stakes dispute involving key pharmaceutical producers essential to Romania's national vaccine programs. The team successfully challenged the Ministry of Health’s tender procedure, securing favorable rulings by emphasizing issues around transparency, fairness, and competition. Key arguments included the need for clear evaluation criteria in the tender documentation and SEAP, concerns over competition disincentives, and the lack of transparency in the scoring algorithm. These were upheld, and the administrative body ordered the Ministry to align with their client’s requirements. They continue to defend the client in a secondary challenge to ensure compliance with court-imposed measures. The dispute is valued at €125 million.
The team expertly defended their clients in public procurement disputes. They registered several successful rulings for a major client acting in the energy sector confirming the contract breach by the winning bidder. This case required a nuanced approach combining civil and public procurement law to allow their client to terminate the relationship and exclude the consortium from further tenders, ultimately safeguarding their ethical standards and reputation. The team has also obtained in court the disclosure of information from the technical proposal of the bidder ranked on first place, by successfully supporting their request on EU legislation and case law, thus triggering a new opportunity for challenging the tender procedure.
The team represents multiple energy sector companies in ongoing REMIT investigations, including high-profile cases with ANRE involving alleged market manipulation in electricity trading. They successfully obtained disclosure of ANRE's internal documents, bolstering their clients' defense. Their comprehensive strategy addresses complex liability issues, including related to indirect involvement via a power of attorney. Their approach integrates procedural and regulatory standards, civil law, and EU human rights principles, aiming to annul the fine. This case underscores their expertise in challenging administrative sanctions and defending against intricate regulatory claims.
The team, recognized as experts in consumer protection disputes, achieved a 100% success rate over the past year in obtaining interim orders against measures issued by the national consumer protection agency. Leveraging their expertise in regulatory compliance and the newly enacted DMA and DSA frameworks, they represented clients in FMCG, pharmaceuticals, and intermediary services, securing multiple rulings to annul sanctioning deeds. These outcomes highlight their indepth knowledge and strategic approach in consumer protection litigation, ensuring theirclients’ operations remain compliant and safeguarded against regulatory actions.
Specialist lawyers: Octavian Adam, Violeta Geru, Cristina Badea, Roxana Petre, Malin Unguru, Beatrice Hurchi.
GRUIA DUFAUT SI ASOCIATII SCA (see profile ...)
Successfully assisted an American client in a commercial dispute with a Londonbased company, arising from a claim initiated in the United States, concerning the enforcement of a guarantee worth over €2.5 million stemming from an alleged breach of contractual obligations.
Successfully assisted clients (French citizens) in a lawsuit against the Policyholders Guarantee Fund, challenging the refusal to pay the damages awarded based on a court ruling issued against an insurance company in insolvency.
Specialist lawyers: Teodora Koletsis, Florin Dogaru.
IJDELEA & ASOCIATII (see profile ...)
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Advising Black Sea Oil & Gas, as leader of the international legal counsel team, in relation to ICC arbitration proceedings against the State of Romanian and the National Agency for Mineral Resources on the grounds of the introduction of the supplemental tax in the offshore law in breach of the stability and the contractual rebalancing obligation of the State as provided under the petroleum agreement. Specialist lawyers: Oana Ijdelea, Ancuța Pop, Alexandra Laza, Lorena Vasvari.
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Advised Black Sea Oil & Gas in relation to the awarding of interest fees for late VAT reimbursement in excess of 7 mil EUR. This mandate is part of a series of court cases aimed at protecting our client’s economic interests affecting adequate cash-flow. Specialist lawyers: Ancuța Pop, Alexandra Laza, Victor Mitcov.
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Assisted Hortilife BV in an urgent dispute resolution procedure aimed at stopping their contractual partner from using a €3.5million greenhouse before the turnkey project developed by Hortilife was approved according to the contractual framework. The dispute was part of a series of ongoing court and out of court legal proceedings aimed at resolving the dispute regarding the development of a large greenhouse complex for the Romanian subsidiary of a Slovenian company. Legal services were rendered more complex by the need to consider both the convoluted structure of the parties’ business transaction and the partial funding from EU funds. Specialist lawyers: Ancuța Pop, Alexandra Laza, Victor Mitcov.
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Assisted the client, Petro Venture Resources, in two disputes against the National Energy Regulatory Authority concerning the cancellation of two misdemeanor minutes by which the authority applied fines in excess of €280,000 for alleged breaches of the provisions of Emergency Government Ordinances no. 27/2022 and no. 119/2022 respectively concerning a newly established obligation to sell 40% of the natural gas domestic production at capped price. The main issue of the case file will be for the court to determine whether such obligation is applicable even if all the domestic gas production had already been sold before the enactments came into force. Specialist lawyers: Ancuța Pop, Alexandra Laza, Victor Mitcov.
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Assisted the client, Gas Plus Dacia, in two disputes against the National Energy Regulatory Authority concerning the cancellation of two misdemeanor minutes by which the authority applied fines in excess of €280,000 for alleged breaches of the provisions of Emergency Government Ordinances no. 27/2022 and no. 119/2022 respectively concerning a newly established obligation to sell 40% of the natural gas domestic production at capped price. The main issue of the case file will be for the court to determine whether such obligation is applicable even if all the domestic gas production had already been sold before the enactments came into force. Specialist lawyers: Ancuța Pop, Alexandra Laza, Victor Mitcov.
IONESCU SI SAVA SCA (see profile ...)
The firm's dispute resolution team, led by Alina Neagu, has assisted and represented Mercedes-Benz Romania in numerous litigation and foreclosure proceedings filled against the client’s customers, both individuals and legal entities. The team has successfully provided to the client legal representation and assistance services before the Romanian courts and bailiffs with regard to such debtors and recovered on behalf of the client a significant amount of money.
Application of legal provisions related to claw-back tax (requiring drug manufacturers to return to the Romanian state part of the profit generated by sales of compensated medicines which exceeds the amount allocated to them by the National Insurance Fond) in Romania has been highly debated in courts since 2009. The litigation team, led by Alina Neagu, renowned for its expertise in administration of litigation in pharmaceuticals sector, has successfully obtained for Torrent Pharma a court’s decision which annulled the claw-back tax for the fourth quarter of 2013, as imposed by the National Health Insurance House.
In order to reclaim the possession rights over Resita Market, located in the 4th District of Bucharest Municipality, the law firm's team, led by George Ionescu, has represented the client, as plaintiff, within the case. In 1999, during the term of the former mayor, the market was brought as contribution in a joint venture concluded by the client, in order to modernize and improve it. Considering that the buildings are part of the state property, the firm advised their client to submit a claim for the restitution of the real estates, as well as the equivalent amount for the lack of possession of the market.
From March 2020, BCR Leasing IFN, member of Erste Group, became part of the firm's top clients’ portfolio. In June 2020, the client handed over to the law firm's team, led by George Ionescu, the management of a portfolio consisting in 28 files having as object the enforcement and insolvency procedure of various debtors. Currently, the team is performing all legal steps necessary for the recovery of the client's receivables in amount of approx. RON 2.1 million.
Between Mercedes-Benz Romania, as supplier and one public transport companies in Romania, as purchaser, a series of Sectoral Supply Contracts were concluded. After 2 years during which the parties failed to solve the dispute (regarding the payment of the outstanding debt of €170,000), the client requested to the law firm's team, led by Alina Nica, the support in order to recover the debt. The team filed a request to open the insolvency proceedings of the purchaser, which proved to be the fastest way to settle the dispute, as immediately after submitting the request, the public transport company paid the entire debt.
Specialist lawyer: Alina Nica, George Ionescu.
KINSTELLAR (see profile ...)
Advising and representing one of the richest Romanian businessmen in more than 90 ongoing complex and high value civil, insolvency and criminal cases.
Currently advising and representing a new client in the gaming sector, specializing in the design, development, manufacturing, distribution, and sales of computerized gaming equipment and related software. Their assistance encompasses over 30 prelitigation and litigation cases focused on the recovery of slot machines and associated amounts from various Romanian debtors. These cases involve intricate issues related to civil, criminal, and contractual law, as well as enforcement and insolvency matters, highlighting their expertise in navigating the complexities of this highly regulated industry.
Currently advising their confidential client, one of the world's largest global automotive suppliers, on a cross-border contractual dispute with 2 suppliers relating to breach of contractual clauses and defective products. This matter involves international, EU, contractual and civil law matters.
Currently advising and representing the client, a confidential financial institution, in a series of Romanian court cases with a former contractual partner in connection to various damage claims, as well as other contractual matters.
Advising and representing a confidential client in the digital games industry on a series of employment litigation matters. These cases involve claims for moral damages and challenges to collective dismissal decisions made by the client regarding former employees. The team is providing comprehensive legal support, including case analysis, preparation of defense strategies, and representation in court proceedings to safeguard the client's interests in these complex employment disputes.
Specialist lawyers: Remus Codreanu, Vlad Simion, Andrei Covaliu, Raluca Constantin, Lidia Zarnescu.
KPMG LEGAL - TONCESCU SI ASOCIATII SPARL (see profile ...)
Legal assistance and representation of Cerealcom Dolj in various court disputes related to damages for breach of contract in connection with transport of grain amounting to €7 million. The complexity of the dispute derives from the complex contractual relationship and the evidence to be administered to demonstrate each part of the loss sought against the railway transporter, as the client had to mitigate the damage and incurred specific additional costs to be able to deliver on time to its customers.
Specialist lawyers: Calin Dragoman, Cristian Radu, Marina Pacuraru.
LEROY SI ASOCIATII (see profile ...)
Assisting and representing Vitalia Group (Romania), a company operating centers of waste management in Romania, in a complex dispute involving several court actions seeking the payment of the due amounts for the services already rendered and the resolution of damages suffered as a result of the execution of a contract concluded with the national and local authorities, regarding the provision of sanitation services in Bistrita - Nasaud county. The firm obtained many favorable solutions in these case files, based on the reasoning that the service provider must be paid from the local budget, for the services delivered to the part of the population that did not conclude a separate services contract with the provider. This is a major achievement, as the waste management system implemented in that county was a pioneering undertaking in the area, and no previous case law was available at the time.
Representing Albalact, one of the largest dairy producers in Romania, in a case file in which the claimant asked for damages arising from an alleged abusive break off of the negotiations between the parties carried out during March 2014 - January 2016, negotiations relating to the sale of the logistics company of the Albalact group. The law firm successfully represented the client and managed to obtain a favorable decision to the client from the court of first instance.
Representing Albalact, one of the largest dairy producers in Romania, in a case file in which the claimant, a former minority shareholder of the company, challenges the price received in the minority squeeze out procedure that followed the takeover of Albalact by Lactalis on the Bucharest Stock Exchange. The file deals with sophisticated capital markets regulations.
Engie Romania (member of Engie Group), a major operator on the Romanian natural gas market, filed a claim against the Romanian Energy Regulatory Authority, requesting the issuance by the Authority of an order to adjust the regulated prices for the natural gas supply, the unitary regulated revenue and the total unitary regulated revenue. The company also requested the payment of damages to compensate for the losses. This has been a complex case, requiring highly specialized skills. The legal issues at stake were novel and, to the best of the team's knowledge, had never been submitted to the courts’ scrutiny in the past. The involvement concerned, inter alia, establishing the litigation strategy, drafting litigation documents and representing the client in court.
Assisted Engie Romania (member of Engie Group) in a litigation file against the Romanian Energy Regulatory Authority, by which the client sought the annulment of a fine applied by this authority. The subject matter of the dispute consisted in the fulfilment by Engie Romania of a regulatory obligation. Apart from exempting the client from the payment of an important fine, winning this case constitutes a landmark victory with regard to the manner in which the fulfilment of such obligation should be assessed by the authority. The involvement concerned, inter alia, establishing the litigation strategy, drafting litigation documents and representing the client in court. The Bucharest Tribunal has ruled in favor of the client. The decision is final.
Specialist lawyers: Bruno Leroy, Andreea Toma, Mihnea-Ioan Ratiu.
MPR PARTNERS | MARAVELA, POPESCU & ASOCIATII (see profile ...)
Successfully representing Getica 95, top Romanian energy supplier, with a market share of 10% and more than 4 million MWh supplied last year to numerous public institutions and companies of strategic interest in Romania, currently undergoing insolvency proceedings (with a total pool debt of €40 million), in a matter concerning damage claims worth over €6 million, incurred following Getica’s termination notice of the energy supply contracts as a result of one of its client’s refusal to renegotiate the agreements following significant energy price variations. Subsequently, successfully representing Getica in the amicable settlement for the recovery of the incurred judicial expenses.
Retained the Romania’s Ministry of Public Finance in another arbitration file. Thus, they are representing their client in an ICSID Arbitration against Romania, initiated by Kelag – Karntner Elecktrizitats-Aktiengesellschaft et al., due to the legislative change concerning the Green Certificates support scheme, changes made after its adoption in order to attract sector related investment. Their work involves analysis of the request for arbitration, analysis and review of the relevant Romanian regulations and legislation concerning the renewable energy sector from a wind investor's perspective, identification of potential jurisdictional objections including research of factual evidence, liaising (meetings, documents' collection etc.) with relevant authorities and drafting relevant documents.
Advising longstanding client of the firm J. Christof E&P Services, the largest provider of services for complex piping systems in Southeast Europe, in connection with a litigation involving alleged copyright infringement. They represent the client in connection with the defence of a claim by a former employee for damages for alleged copyright infringement. Their work on this matter has included the drafting procedural documents, namely the statement of defence together with the related counterclaim, notes and conclusions, and they have represented the client before the relevant court/s.
Retained by the client, a pharmacy operating mainly in Cluj and internationally on line, to assist them in a litigation against the producer and the distributor of an altered food supplement. Their assistance consists of assisting the client in three complex civil litigations against the producer and the distributor of the Maraton Forte food supplement, a criminal investigation concerning the altering of food supplements, as well as drafting letters to various health authorities as well as online commerce giant Amazon with respect to the foreign pharmaceutical substances identified in the composition of the food supplement.
Successfully assisted and represented the client, the Municipality of Victoria, Brasov County, in a litigation concerning the costs associated with renovating and operating the Victoria City Hospital. The litigation was initiated by the associate of the municipality who renovated and operated the Hospital for a period of 10 years and now seeks to recover the entire investment. Their assistance consists of assisting the client in submitting the defences and ensuring representation before the Court.
Specialist lawyers: Anca Baitan, Gelu Maravela, Dana Radulescu.
MUSAT & ASOCIATII (see profile ...)
Continues to represent KMG International NV and its affiliated companies in relation to €1.6 billion civil liabilities and commercial claims following the investigation performed by the Romanian authorities regarding the conditions for the privatisations procedures of one of the most important companies currently owned by KMG Group International NV (Rompetrol, Petromidia, Vega etc.); the taking over of these companies by the Romanian state debs derived from the petroleum exploitation from Libya; the negotiations with the Romanian Government of the instalment conditions of the historical debts due by part of the companies etc.; and consequently engaging civil responsibility of the legal persons involved in the above mentioned procedures.
Representing Damen Schelde Naval Shipbuilding BV before the Romanian Courts for claims aimed at cancelling the military public procurement acquisition of military ships for breaches of law, one filed with the Bucharest Tribunal and one filed with the National Council for Solving Complaints both in front of the Bucharest Court of Appeal. The initial case led to another three litigation cases - one for the annulment of the Government ordinance regulating the public procurement procedure, another criminal case related to the access to classified information, and a dispute concerning access to data classified as confidential information, the procedure for their declassification.
Assisting Hidroelectrica, the leading Romanian energy provider in connection with a complex arbitration dispute arising in connection with a complex infrastructure project of national importance regarding the rehabilitation of one of the largest hydropower plants in Romania and initially involving multiple claims and counterclaims with an amount in dispute in excess of €30 million.
Advising and representing BCR Banca Pentru Locuinte in relation to the mitigation and cancellation of the effects of a High Court of Cassation and Justice’s decision by which the BCR BpL was held in breach of certain highly interpretable banking provisions. They are handling several disputes and negotiations in relation to the regulatory issues of the financing system, including legislative amendment discussions, preparing several constitutional challenges and preliminary references to the Court of Justice of the European Union regarding relevant regulatory matters and constant dialogue and negotiations with the public authorities in view of addressing the outstanding implementation problems of this particular financing system.
Successfully representing Leoni Group (Leoni AG and its Romanian affiliate) in various court cases related to the investigation of a transnational informatics fraud, which led to a series of fraudulent transfers in the amount of €40 million. Their work on this matter has involved complex legal assistance and representation services before all relevant Romanian court regarding the applicability of business and commercial law.
Specialist lawyers: Gheorghe Musat, Paul Buta, Razvan Stoicescu, Iulian Popescu, Angela Porumb, Alexandru Terta, Iuliana Iacob, Andrei Ormenean, Ana Maria Abrudan, Stefan Diaconescu, Liviu Viorel, Alin Sinocicu, Ana Maria Burada, Cristina Solcan, Sorina Baroi, Georgiana Negulescu, Iuliana Negura, Cristina Ciobanu
NESTOR NESTOR DICULESCU KINGSTON PETERSEN (see profile ...)
Assistance and representation provided to a joint venture in all administrative and judicial proceedings concerning the awarding of a contract for the rehabilitation of a railway.
Representation of an Austrian construction group before the Romanian Court of Arbitration in two pending case against CNAIR.
Assistance provided to a major fund active in the Northern part of Romania in agribusiness, in a dispute with the Local Council and Road Authority concerning the road access to farms.
Assistance provided to a major gas supplier in a fiscal contestation.
Assistance provided to an airline company in a challenge of a Competition Council Decision.
Specialist lawyers: Ana Diculescu-Sova, Emil Bivolaru, Sorina Olaru, Radu Damaschin, Peggy Suica-Neagu, Daniela Gramaticescu, Marius Ezer, Oana Partenie, Valeriu Mina.
NOERR (see profile ...)
Representation for an international insurance company in several insurance disputes in value of approximately €70 million before the Romanian Courts of law.
Representation for an international IT company in major tax issues amounting to several million euro.
Representation for a leading service provider for transportation services in Europe in more than 50 tax and customs litigations of over €12 million against the Romanian fiscal authority. The matter at hand is the reimbursement of the VAT paid by EU non-residents (Turkey) during the execution of goods carriage through the Romanian territory.
Representation for a major Austrian Bank in court proceedings related to debt recovery cases amounting to over €3 million, born from the repayment of multiple bills of exchange.
Assistance and representation for a Taxi App Services Operator in a litigation having as object the suspension and subsequently the annulment of a resolution of the Bucharest local authorities, according to which the client should be authorized as a taxi dispatcher, in order to legally perform its services.
Specialist lawyers: Alexandru Ene, Razvan Caramoci, Raluca Botea, Oana Piticas, Catalin Roman, Denisa Margas, Monica Colt.
PELI PARTNERS (see profile ...)
After assisting the client in the investigation conducted by the Romanian Competition Council on the insurance market regarding a potential breach of article 5(1) of the Romanian Competition law and Article 101(1) of TFEU (including during the hearings in front of the authority), the team is currently assisting UNSAR in the court proceedings aimed at the annulment of the decision issued by the Competition Council imposing a fine of approx. €34,000.
Assisting and representing a company pertaining to the Mitiska Group against one of its neighbour’s claims involving, amongst others, complex matters of recognition of property title, right of way, property overlaps and alleged damages of more than €1.4 million incurred due to an alleged breach of contract, as well as breach of the rules for neighbourliness and the urbanism regulations.
Assisting and representing the Romanian subsidiary of Wienerberger, the world's largest producer of bricks, in a litigation initiated by Romsilva (the Romanian forestry administration), claiming an alleged overlapping between the clay quarry operated by Wienerberger and a public ownership forest land.
Part of a consortium which successfully assisted Banca Transilvania in the first court in a dispute against several sanctions imposed by the national consumer protection authority for an assignment of a portfolio of loans from one of the client’s subsidiaries to a foreign company which took place in 2008.
After successfully assisting Skanska in an arbitration concerning rights of way over a plot of land registered with the International Commercial Arbitration Court attached to the Chamber of Commerce and Industry of Romania, the law firm's team assisted the client in court proceedings related to the implementation of the favourable outcome.
Specialised lawyers: Carmen Manuela Peli, Oana Badarau.
PETERKA & PARTNERS ROMANIA (see profile ...)
Legal advisory services to the Romanian subsidiaries of a global automotive leader active in the commercial & specialty vehicles, powertrain, and related financial services arenas, in connection with insolvency procedures, debt recovery and the administration of the creditor’s portfolio of receivables. The services provided to the client include representation before the Romanian courts in trials concerning insolvency and debt recovery procedures, and also negotiating with debtors.
Legal assistance to an important European player in the banking sector which provides commercial banking services, in connection with a dispute regarding the ownership right over a real estate asset. The matter is important in consideration of the existing collateral.
Legal assistance to the local subsidiary of a highly-reputable international company providing financial services in the auto industry, regarding multiple litigations, on matters regarding financing, insolvency, and administrative proceedings.
Legal assistance to the Romanian branch of one of the leading worldwide providers of payment technology services, in connection with various litigation matters, such as legal actions (insolvency procedures, civil claims) against fraudulent companies which did not deliver their final product and therefore the clients have made charge back requests against the provider through channels such as Visa/Mastercard.
Legal assistance to a renowned European low-cost airline, in connection with various litigation matters, such as legal actions against the Border Police for applying contravention fines to the airline in respect of passengers who allegedly travelled without valid travel documents, legal actions in respect of alleged breaches by the airline of its obligation to transmit personal data of the passengers to the competent authority, and legal defense in connection with claims filed by passengers pursuant to Regulation (EC) 261/2004. They also represent the airline in any criminal cases against the company in the territory of Romania and in employment litigation cases.
Specialist lawyers: Letitia Silaghi, Marius Ghita, Alexandru Ososchi, Andreea Nechita.
POPOVICI NITU STOICA & ASOCIATII (see profile ...)
The team obtained a decision in favour of Auchan Romania by which the Bucharest Court of Appeal annulled multimillion tax obligation imposed by the tax authorities.
Advising Brisk Group Consulting & Development, a leading Romanian construction consulting company offering project, cost and construction management services, in a dozen complex litigation files against Forty Management Group companies.
Advising Clara Petroleum Ltd, an UK based company in the field of development and exploitation of hydrocarbon resources, in an ICSID investment arbitration against Romania filed on the basis of the Energy Charter Treaty.
Advising Strabag AG (one of the largest and most prominent construction companies in Europe) as respondent in arbitral proceedings under the ICC Rules initiated by the beneficiary concerning the “Road Rehabilitation VI Project, EIB Loan, Design and Built of DN 19 Oradea-Bihor/Satu Mare County Limit”, under the Conditions of Contract for Plant and Design-Build for electrical and mechanical plant, and for building and engineering works designed by the Contractor (FIDIC Yellow, 1999).
Successfully assisted Simona Halep - the former World Number One WTA tennis player and longstanding client - in an historic win before the Court of Arbitration for Sport (TAS/CAS), in a landmark case that made global news headlines in the past year.
Specialist lawyers: Florian Nitu, Bogdan C. Stoica, Ciprian Dontu, Raluca Petrescu, Camelia Patrascu, Bianca Chiurtu, Catinca Mihalcea, Razvan Popa, Alexandru Stan.
REFF & ASSOCIATES | DELOITTE LEGAL ROMANIA (see profile ...)
Assistance to Damen Holding BV, one of the largest shipbuilding conglomerates in the world, originating from the Netherlands, in a dispute pending before ICC Paris with the Romanian State, the Ministry of Economy and the national company Santierul Naval 2 Mai in relation to the termination of a joint venture between the client and the Romanian State (through its structures) for the operation of one of the largest shipyards in Europe (i.e. Mangalia), the exit of their client from the project company, and a damage claim.
Assistance to Tinmar Energy with respect to the annulment of an unprecedent fine of €73 million applied for an alleged energy market manipulation which results in a breach of REMIT Regulation (the largest fine ever applied in the European Union for the alleged manipulation of the energy markets), defending the validity of the complex M&A transaction based on which the client acquired one of the largest agribusinesses in Romania and several regulatory lawsuits against the energy regulator in Romania (ANRE).
Assistance to Nepi Rockcastle Group PLC (General Building), in all of its major and sensitive disputes and litigation, concerning various matters from urban planning/real estate permitting, to regulatory disputes (e.g., against construction and environmental authorities) and commercial litigation.
Assistance to BCR Bank and BCR Banca pentru Locuinte, a member of Erste Group, one of the most important financial groups in Romania, in a series of disputes against the National Authority for Consumer Protection (“ANPC”), following the sanctioning of BCR by ANPC for the alleged deceiving commercial practices, consisting of the way of computation of instalments/structure of the reimbursement schedule and a series of lawsuits on the Romanian market aimed at annulling budgetary liabilities amounting to approx. €80 million following an audit by the Romanian Court of Accounts (but the project has also indirect financial implications of additional €100 million).
Litigation assistance to Vastint Romania, international real estate organization, in urbanism disputes against public authorities regarding the development of a residential and commercial project on approx. 40 ha land in northern Bucharest (i.e. one of the largest residential projects in Bucharest).
Specialist lawyers: Mihnea Galgotiu-Sararu, Ana Galgotiu-Sararu, Alina Stan, Anca Belciu, Eliza Gradinariu, Elena Iacuba, Lucian Savin, Alin Alecsii, Alexandra Tuta.
RTPR | RADU TARACILA PADURARI RETEVOESCU (see profile ...)
Representing Zenith Media in a high profile cartel case of the competition authority against the most important media agencies groups in Europe (Publicis, WPP, McCann etc.). While the first instance court cases where consistently won by the competition authority, after almost 8 years of court battles the team succeeded in turning the tide by convincing the High Court of Cassation and Justice to send a preliminary ruling request to the CJUE, which was a premiere for the Romanian courts. The team obtained a favourable ruling from the CJUE, which will have a significant cross-jurisdiction impact upon how the turnover will be calculated from now on by competition authorities across EU for the purpose of setting antitrust fines.
Currently advising Eazy Asigurari in a court dispute aimed at securing its IP rights over the registered trademark “Eazy Asigurari” against an insurance broker that registered, in bad faith, a domain name almost identical and blatantly confusing with both the client’s trademark and its commercial name. Eazy Asigurari is the newest authorised insurance company in Romania, promoting itself also as the first insurtech in Romania. It is exactly this “new entry” that was exploited by the infringer, who proceeded to registration of the domain name easyasigurari.ro immediately after mass-media informed about Eazy Asigurari’s plans to enter the Romanian insurance market.
Represents Scania Group in one of the pioneering private damages cases in Romania, directed by a group of transporters owning Scania fleets against the very toptier entities in Scania’s corporate structure. The plaintiffs claim damages for alleged surcharges in truck prices, triggered by the alleged cross-border anticompetitive contacts and information exchange between truck producers fined by the European Commission. The case opens complex legal and economic debates on causality and damage assessment, where plausibility, causality and quantum valuation scenarios will come to the fore.
Obtained several ground-breaking successes for Lidl Discount in its dispute with Vel Pitar, the largest bread producer in Romania and holder of a portfolio of trademarks containing “wholewheat”, since 2012. The dispute relates to the use of “wholewheat” on the packaging of bread. Vel Pitar requests Lidl to withdraw its products described as containing wholewheat flour. Vel Pitar argues that “wholewheat” represents a protected trademark for which it holds exclusive rights, due to its extensive use for the relevant public. Lidl argues that the wholewheat cannot be used as a trademark, given its descriptive nature. The dispute involves 6 contradicting national court decisions and an EUIPO decision.
Currently representing Premier Energy Furnizare in a high-profile case involving the failure to deliver of a certain amount of electricity by a trader called Industrial Energy, who invoked the hardship theory (rebus sic stantibus). The dispute involves matters related to interpretation, performance and amendment of contracts concluded on a regulated energy exchange market, including aspects related to contractual liability, applicability of special legislation and the analysis of cases in which a hedging contract may be amended in case of a high variation of prices.
Specialist lawyers: Valentin Berea, Alexandru Stanoiu, Andrada Rusan, Ana Popa.
SCA MCGREGOR & PARTNERS (see profile ...)
Representing an important Italian banking group with its offices in Germany to recover more than EUR 1.5 million in an enforcement of a maritime mortgage which took place in Romania.
Representing an important lender from UAE to recover an amount of more than 1,5 million Euros using the European payment order procedure and enforcement procedure in Romania.
SCPA MAGDA VOLONCIU & ASSOCIATES (see profile ...)
Focusing on key issues in employment law for specific industry sectors such as Oil and Gas where our firm represents the largest companies – OMV-Petrom Group and Rompetrol Group and also the Employer’s Association for this sector.
Managing collective court cases that often involve more than 300 employees suing for financial rights (most of our clients in the Oil and Gas, Automotive and Transport Sector had such collective trials). Drafting internal procedures for our clients (disciplinary procedures, professional unfitness procedure, diverse procedures and necessary politics in relation with the employees). These projects are often handled by multiple partners and lawyers, depending on the workload of each.
STOICA & ASOCIATII (see profile ...)
Assisting and representing Tehnic-Asist in several interdisciplinary litigations related to the performance of a public procurement contract for infrastructure works on a road sector that was highly publicized in Romania. The value of the damages alleged by the contracting authority is amounting to approx. RON 3 million.
Representing Avenor Foundation, an important non-profit organization in a civil litigation having as object the alleged obligation to pay an important amount (Over €990,000) to a former member of the foundation.
Assisting and representing Mol Romania Petroleum Products, as defendant, in a claim for the termination of the joint venture with Bucharest City Hall that, if found successful, would amount to the losing of important oil&gas stations located in Bucharest.
Assisting and representing CET Iasi (producer and supplier of thermal energy) in a litigation having as object an action the recovery of possession of the thermal power stations previously brought as contribution in the company capital by the sole shareholder of the company. The value of the litigation amounts to approx. €135 million.
Assisting and representing the client, Inditex Romania, as defendant and counterclaimant, in a lawsuit opened by one of the big malls of Romanian in connection with the termination of a lease agreement.
Specialist lawyers: Dragos Bogdan, Bogdan Popescu, Dan-Rares Raducanu, Yolanda Besleaga.
SUCIU POPA (see profile ...)
Successfully representing one of the largest international energy companies as lead legal counsel, in a highly complex ICC arbitration (venue of arbitration: Paris) arising out of a privatization contract, involving claims in excess of USD 1.2 billion.
Successfully representing one of the largest international energy companies in an ICC arbitration (venue of arbitration: Paris) against the Romanian State arising out of a privatization contract, with value in excess of EUR 600 million.
Representing a private oil and gas exploration and production company focusing on conventional exploration, development and production opportunities in a dispute involving OMV Petrom SA, the largest Romanian oil and gas group and a Romanian producer of electrical equipment.
Advising a renewable energy international player in significant enforcement proceedings and a real estate mortgage against ING Bank. The enforcement proceedings were based on a credit facility contract for sale purchase of electricity.
Representing an international oil group with operations in 15 countries in a series of complex environmental law litigations.
TUCA ZBARCEA & ASOCIATII (see profile ...)
Legal assistance and representation services to Gabriel Resources Ltd. in relation to an ICSID arbitration, seated in Washington, initiated by the clients against the Romanian State on the basis of the Agreement between the Government of Canada and the Government of Romania for the Promotion and Reciprocal Protection of Investments, Canada BIT, and the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Romania for the Promotion and Reciprocal Protection of Investments, UK BIT.
Legal assistance to a construction company in the disputes concerning the implementation of the contract having as scope the execution of infrastructure works, public transportation, in Bucharest.
Successful legal assistance and representation services provided to the Romanian Football Federation before the courts of law in complex civil disputes, concerning damage claims of over €250 million for the 2011 exclusion of a renowned Premier Division club - Fotbal Club U Craiova SA.
Legal assistance and representation services to a local bank in more than 500 pending cases, concerning the statements of claim filed either by the bank’s clients - the consumers, or the National Authority for Consumers’ Protection.
Legal assistance and representation of Vodafone Romania in an important litigation with the National Authority for Consumer Protection - ANPC.
Assistance and legal representation to one of the leading companies on the sanitation market in various disputes before the courts of law.
Legal assistance and representation services to an IT&C company in two arbitration proceedings worth several millions of Euros.
Legal assistance and representation to a railway company in a multi-million Euros litigation regarding the annulment of a fiscal-administrative decision.
Specialist lawyers:Levana Zigmund, Anca Puscasu, Robert Rosu, Ionut Serban, Dan Cristea, Ioana Hrisafi-Josan, Christina Vladescu, Ioana Gelepu, Cornel Popa.
VASS LAWYERS (see profile ...)
Advice and legal representation before the competent courts of law and the Court of Arbitration for several major companies concerning over 50 legal cases (execution and termination of contracts, debt recovery, etc.), as well as for private persons (loan agreements, moral damages, etc.).
Legal assistance and representation before the competent courts of law and N.C.S.C. in over 200 public procurement files.
Challenging the financial corrections for projects financed from European funds - legal assistance and representation provided for a major real estate company in connection with the conciliation procedure and challenging the financial corrections within an award procedure of a works contract for the construction of a leisure compound, financed through the European Regional Development Fund with an estimated value of approximately EUR 12 million.
Offered legal assistance and representation of clients in various court cases for the annulment of administrative documents including taxation decisions, evaluation reports issued by National Integrity Agency, denial of access to public records and information, etc.
Employment litigation - assisting and representing leading healthcare and transportation companies in several employment litigations regarding the execution and termination of employment contracts.
Specialist lawyers: Iulia Vass, Flavia Antonescu, Alexandra Mititelu;
VILAU | ASSOCIATES (see profile ...)
Advising and representing a company engaged in the innovation and development of mobile technologies and intellectual property in a complex dispute regarding the enforcement of its intellectual property rights over a standard essential patent, including preliminary injunction proceedings against manufacturers and retailers of 4G LTE devices.
Providing legal assistance and successfully representing in courts a top 10 Spanish hotel company in a dispute for trademark and trade name infringement, against two Romanian companies active in the restaurant industry.
Providing legal assistance to a major company, active on the design and construction market, in connection with recovery of debt resulting from a public procurement agreement with Sibiu Water Public Company.
Assisting and representing an individual in a litigation within the insolvency procedure against a reputable bank, for a 6 million Euro liability.
Assisting and representing an individual in a litigation regarding the division of assets with a total estimated worth of 2.3 billion Euro.
VOICU & ASOCIATII SCA (see profile ...)
Successful assistance and representation of MAN Energy Solutions UK in an arbitration procedure in front of the International Chamber of Commerce in the litigation initiated by Nuclearelectrica, the Romanian nuclear energy production company. The claim pertained to damages requested for so-called refusal of the client to conclude a subsequent contract to a public contract having as object procurement of maintenance and repair services for equipment in Cernavoda Branch based on the non-fulfilment of the obligations of a framework agreement governed by Swiss law.
Assistance and representation to a chain of supermarkets part of the French well-known group in a wide range of disputes resulting from its commercial activity throughout the country from challenging the administrative documents issued by competent authorities during controls, representation of the client in insolvency cases of its suppliers, litigations arising from work accidents to representation of the client in litigation cases having as object clients’ petitions, disputes with suppliers among others.
Representation to the local vehicle of an American multinational corporation in two complex labour litigation files having as object the complaints of former employees against their dismissal decisions (following the restructuration process in the company) with favorable decisions for the client.
Long-time assistance and representation to a German retailer in relation to its expansion of retail chain throughout the county including on non-contentious disputes arisen from its commercial activity (such as contestations to measures imposed by state authorities during various controls, claim from clients among others) as well as contentious
matters on litigation files.
Long-time assistance and representation to a German-based multinational group and the largest engineering company in Europe and its related entities on contentious matters including a litigation file pertaining to the insolvency case of an important debtor with positive outcome for the client.
Specialist lawyers: Raluca Mihai, Victor Cochirleanu.
ZAMFIRESCU RACOTI VASILE & PARTNERS ATTORNEYS AT LAW (see profile ...)
Advised the client, a leading company in the oil and gas sector, in recovering its investments of approx. €100 million made in upgrading the energy infrastructure and clean technologies.
Successfully represented the client, an important company in the infrastructure field, in a controversial public procurement dispute with a value of over €650 million over the result of a tender initiated in 2016.
Representation of four credit institutions in connection with a litigation case regarding the annulment of the acts concluded on a disputed plot of land in the northern part of
Bucharest where the biggest and the most expensive commercial center was built (the value of the lawsuit being estimated at more than €300 million), known as the Baneasa (Popoviciu) case.
Successful representation of several insurance companies in Romania in claims against the Romanian Insureds’ Guarantee Fund.
The law firm assists major construction and infrastructure companies in more than 40 mandates covering public procurement disputes, contract management assistance, representation in various contractual disputes both before the domestic courts and in international arbitration (ICC, VIAC, UNCITRAL ad-hoc arbitration).
Specialist lawyer: Calin-Andrei Zamfirescu.