Litigation and Dispute Resolution
Most representative projects
Assisting and representing Delgaz Grid in a complex and high-profile litigation commenced by Digi Communications (formerly, RCS & RDS), challenging the exclusivity of electricity distributors in the territories granted through the concession agreements. The claim has the potential to open the Romanian electricity distribution market to other companies.
Assisting and representing Delgaz Grid, E.ON Romania and E.ON Energie Romania (EER) in a series of complex shareholders disputes commenced by a former shareholder of Delgaz and EER, arising under a privatisation agreement. The clients prevailed before the first court, in the appeal phase, as well as in the final appeal before the High Court of Cassation of Justice altogether.
Assisting and representing E.ON Gaz Furnizare, E.ON Energie Romania, 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.
Assisting and representing E.ON Energie Romania in connection with a corporate litigation against the claimant, the Romanian Ministry of Energy, regarding the establishment and operation of E.ON Flash, a subsidiary of E.ON Energie Romania, founded as a player acting in the sector of supply of electricity and gas to clients, mainly by digital sales (the Ministry of Energy contested the corporate approval of establishment and operation of E.ON Flash). The client prevailed before the first court, appeal and final appeal courts altogether.
Assisting and representing E.ON Gaz Furnizare in connection with a claim for annulment of provisions in secondary legislation adopted by the Romanian Energy Regulatory Authority with respect to the inclusion of the costs incurred by affiliates’ in the revenues of the regulated supply company, claim addressing intricate technical aspects, pertaining to the fluctuations in the consumption of natural gas between the consumers from the regulated sector and the free market respectively, as well as the insufficiency of the gas deposits in Romania.
Specialist lawyer: Stefan Botezatu.
BIRIS GORAN SPARL (see profile ...)
Assisted Banca Comerciala Romana, a member of Erste Group, the most important financial group and the largest bank in Romania, in the biggest tax dispute in Romania.
Legal advisor to Farmec, one of the largest cosmetics manufacturers in SEE and also present on the Asian market, in tax and trademark disputes. The firm's litigation team is involved in assessing various sensitive corporate matters in order to mitigate potential controversies. The litigators are actively and successfully advising Farmec in various contracts (mainly leases) affected by the Covid pandemic.
Representing Electrica Muntenia Nord, the largest Romanian energy distributor, member of Electrica group, in a complex tax dispute, which involves multi-disciplinary matters including fiscal, administrative, criminal, regulatory, and civil. The dispute is pending at the High Court of Justice. If the arguments raised for the client before the court will be accepted, this will result in sweeping changes of the energy sector legislation with direct influence in the operations of all the players in the energy sector.
Successfully represented CT Park, a real estate developer, building and operating high tech business parks throughout the Central and Eastern Europe, in various tax litigation files concerning applicable of VAT to its complex operations. Recently, the local courts issued a ground breaking decision that may lead to changes in tax authorities law interpretation and possible in law enactment.
The law firm's team successfully represented ArGe Infrastructura (former Max Boegl Romania), leading construction, technology and service company in a tax dispute concerning construction works carried out by the client in Sibiu’s airport and ring road (public procurement contracts). Early this year the first court accepted the claim and cancelled all tax obligations. The case is expected to be heard by the Supreme Court by fall 2022.
Specialist lawyers: Gabriel Biris, Mihai Nusca.
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 ...)
Advising a client in connection with an ICC arbitration regarding a contractual dispute related to a power infrastructure project in Romania.
Advising a client in several litigations lodged by several former employees who were dismissed following the implementation of a restructuring process.
Advising a bank in connection with an ICC arbitration regarding the SPA's indemnity clause for losses incurred due to abusive clauses.
Advising a developer in connection with a dispute regarding the contractor's gross negligence in performing the electric infrastructure for the shopping mall.
Advising a client in court challenge against the antitrust fine applied by Romanian antitrust regulator in the telecom.
Specialist lawyers: Simona Neagu, Radu Ropota, Sabina Crangasu, Stefan Dinu.
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 ...)
Successfully represented Cristian Tudor Popescu, a renowned journalist, against several sanctions disposed by the National Council for Combating Discrimination. In consideration to the fact that journalists' freedom of expression is essential to the rule of law, the court decided to cancel the sanctions. Specialist lawyers: Dumitru Dobrev, Oana Toader.
Representing a renowned former judge against the Superior Council of Magistracy (“CSM”), for requesting in court the cancellation of the CSM decision which disposed his exclusion from the judge profession. Specialist lawyers: Dumitru Dobrev, Oana Toader.
Representing Mihai Marcu, a renowned Romanian sculptor in an intellectual property court dispute against the City Hall of Targoviste. The City Hall altered a public landmark monument placed in the center of the city and which was sculpted by the artist, therefore the sculpture was devalued aesthetically, which had a great impact in the local press. Specialist lawyer: Dumitru Dobrev.
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;
GNP GUIA NAGHI & PARTNERS (see profile ...)
The firm is the preferred law firm for all litigation cases by Euroins Romania Asigurare - Reasigurare. Aside from the current disputes arising out of insurance claims, regulatory, employment, EU law solvency requirements, the team successfully assisted the company before the courts of law with respect to the suspension of a sanctioning decision issued by the supervisory authority withdrawing the approval of its general director. The project involved a comprehensive approach related to solvency, actuarial practices and procedural matters.
The firm assists a major marketplace in connection to several claims against one of its main competitors related to unfair and discriminatory practices, misleading and comparative advertising and civil rights violation. The team successfully obtained the award of provisional measures regarding the suspension of the unfair practices conducted via online streaming and social media platforms.
The team was one on the first law firms to obtain, for its client, Forestar, the annulment of the enforcement against an undertaking sanctioned by the Competition Council, after paying half of the minimum amount of the fine provided by the law and not the amount applied by the Competition Council, due to a legislative reform generally applicable to all misdemeanor fines. The law firm successfully managed to obtain the dismissal of the competition authority successive requests to submit a non-constitutionality plea, a request for a preliminary ruling before ECJ or the High Court of Justice, by arguing the clarity of the legal provisions and the general applicability thereof. The case file is currently pending before the courts of law and the firm's lawyers are actively involved by means of amicus curie in proceedings related to the unitary interpretation of the legal provisions applicable to the case at hand.
Represents one of the major pharmaceutical companies with respect to challenging the sanctioning decisions issued by the Competition Council. The project is currently pending before the courts of law and requires a multidisciplinary approach from various field of law (competition, pharma, etc.).
Assists two of the main providers of port services in disputes arising out of the infringement of the right to conduct their activities because of the abusive behavior of the local competent authority. The assistance includes challenging the normative deeds issued by the latter. In addition, the firm's team also represents one of the companies within a private damages file requesting the coverage of financial harm amounting to €3 million due to the anticompetitive barriers to enter the market. The case files are currently pending before the courts of law.
Specialist lawyers: Manuela Guia, Octavian Adam, Bianca Naghi, Tudor Nacev, Violeta Geru, Otilia Vilcu.
GRUIA DUFAUT LAW OFFICE (see profile ...)
Advising and representing a natural person within a litigation aimed at the annulment of some contracts based on which the client granted a personal guarantee to secure the payment of some money amounts y two companies. The dispute arose from an attempt to enforce the personal guarantee of the client, by filing a lawsuit before the courts of New York and, at the same time, involves taxation law related aspects regarding VAT deductibility. Specialist lawyers: Teodora Koletsis, Madalina Marineanu.
IJDELEA & ASOCIATII (see profile ...)
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.
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.
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.
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.
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 ...)
The law firm is currently advising its 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. The team has also successfully advised and represented the client on an employment litigation matter in Romania concerning alleged unlawful dismissal and related moral damages claims.
Successfully advised and represented its confidential client, a worldwide professional sports organizer, in a high-value, complex and sensitive court case involving cross border issues, including coordination with lawyers in the US, Cyprus and Spain, and tort, regulatory and sports’ law matters.
The firm is currently advising and representing its confidential client, an electrical products manufacturer dedicated to the aviation industry, in court proceedings challenging the procedure organised for the modernization of a specific Romanian military airplane into an advanced trainer and light attack aircraft (following the procedure, the client was declared winner but the result was challenged for alleged breach of the local public procurement rules).
Advising its confidential client, a reputed company providing software services to financial institutions, on the compensation claims raised by a former employee for having performed overtime including assistance and representation in the litigation phase of the matter.
Advising its confidential client, a leading CEE project management services provider, on a high-value and complex litigation matter with a client regarding alleged contractual breaches.
Specialist lawyer: Remus Codreanu.
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.
MARES & MARES (see profile ...)
Legal assistance and representation in white collar crimes (embezzlement, money laundering, tax evasion, fraudulent bankruptcy) - i.e. Manhattan case, Foresta Nehoiu case.
Litigation support and advice for Scandia Romania SA regarding a portfolio of national and international trademarks.
MARKO & UDREA (see profile ...)
Assisting and representing a shopping gallery owner in a judicial claim aimed at partially canceling the acquisition deed.
Assisting and representing a company from the distribution field in an arbitration claim aiming at invalidating the agreement concluded with a public authority for the development and operation of a distribution network.
Assisting and representing a bank in an arbitration file having as object financial claims related to a lease agreement.
Specialist lawyer: Gabriel Udrea.
MPR PARTNERS | MARAVELA, POPESCU & ASOCIATII (see profile ...)
Assisting two major European airlines with reference to a portfolio of litigation cases arising from passenger claims resulting from flight delays or baggage’s’ late arrival at destination. Many of claimants file their claims through companies based in tax haven territories that advertise swift recovery of the alleged damages.
Retained by a major foreign publishing house in pursuing the recovery of contractual debts from an important press distributor by triggering its insolvency.
Assisting a major radio scanning devices producer in a purported patent infringement case in the context of a public acquisition procedure.
Assisting one of the leading financial services providers in the auto industry in a portfolio of litigations, some having insolvency and cross-border elements.
Representing a major infrastructure group with regards to the termination of a contract concerning the rehabilitation of the sewage system of an important city of Romania.
Specialist lawyers: Gelu Maravela, Alexandra Rimbu, Dana Radulescu, Anca Baitan.
MUSAT & ASOCIATII (see profile ...)
Representing KMG international NV and its affiliated companies in relation to €1.6 billion civil liabilities and commercial claims following an investigation performed by the Romanian authorities (the Public Prosecutor’s Office attached to the High Court of Cassation and Justice).
Specialist lawyers: Gheorghe Musat, Paul Buta, Cosmin Libotean, Andra Mihalache, Alexandru Terta, Serban Diaconescu.
Representing Damen Schelde Naval Shipbuilding BV before the Romanian Courts for claims aimed at cancelling the military public procurement acquisition of €1.5 billion multifuctional corvettes by the Romanian Ministry of National Defence.
Specialist lawyers: Gheorghe Musat, Razvan Stoicescu, Angela Porumb, Liviu Viorel, Adrian Danciu, Ana Maria Burada, Valentina Burada.
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 related to the collective saving and lending mechanism for housing, known internationally as “Bauspar”.
Specialist lawyers: Razvan Stoicescu, Angela Porumb, Adrian Danciu, Ana Maria Burada, Valentina Burada.
Advising and representing the Romanian Government and the Ministry of Finance in a complex litigation case file following a large reorganisation of the Ministry of Finance, in the context of reorganisation of the whole Governmental apparatus.
Specialist lawyers: Angela Porumb, Cosmin Libotean, Pompilia Grigoras.
Advising and representing Radet Bucuresti, the largest heating system administrator in Romania in a €850 million dispute filed by Electrocentrale Bucuresti S.A. (ELCEN) against the Municipality of Bucharest, requesting that it be held liable for the entirety of Radet’s statement of affairs.
Specialist lawyers: Cosmin Libotean, Mihai Popa, Dana Buscu, Diana Dobromir.
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 (see profile ...)
Legal advisory services to Iveco Capital Services and Iveco Truck Services, two Romanian subsidiaries of CNH Industrial Group, operating various business activities within the automotive industry, including the management of their portfolio of receivables as well as the sale of industrial trucks and secondary operations, 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 Romanian courts in trials concerning insolvency and debt recovery procedures, and also negotiating with debtors.
Legal assistance to Channel Crossings Limited, a private company based in Cyprus, in relation to enforcement procedures and litigation matters, in view of recovering receivables in the amount of approximately €3 million. The legal assistance involved the coordination of lawyers in several jurisdictions (France, Monaco and Romania) with the view of recovering the abovementioned receivables, also taking into consideration that enforcement in Romania was severely affected by the fact that criminal proceedings have begun against the debtor.
Legal advisory services to Royal & Sun Alliance Insurance, a multinational general insurance company based in the UK, in respect of a litigation project for recovering the amounts paid by Royal & Sun Alliance Insurance to its client on the basis of an insurance agreement from the party responsible for causing the damages and its insurance company.
Ongoing legal assistance to several subsidiaries of the Swedish company Sandvik Mining and Construction Tools, specializing in mining and rock excavation, metal-cutting and materials technology, in connection with recovering equipment from the company’s debtors, by amicable means, as well as in judicial procedures before the courts on Romania, including insolvency procedures.
Legal assistance to Ouest Acro, a French-based company active in a specific field related to acrobatic and difficult access works, regarding bank fraud (transfers to bank accounts not belonging to a real customer of the client) due to the use of false e-mail addresses. The banking fraud concerns several jurisdictions, including Romania, Poland and Hungary.
Specialist lawyers: Letitia Silaghi, Andrei Dumitrescu, Marius Ghita
POPOVICI NITU STOICA & ASOCIATII (see profile ...)
Assisted SAP Romania in litigation with Integrator Group over add-on software designed for the localization of the SAP system in the Romanian market.
Assisted GTS Telecom on the annulment of decision no. 40/2019 issued by the National Authority for Management and Regulation of Communications - ANCOM that sets the access tariffs to the underground fiber optic network in Bucharest and the conditions of access to the underground fiber optic infrastructure developed by Netcity Telecom.
Assisted Fondul Proprietatea, as shareholder in Galati Port Administration, APDM Galati, and Constanta Port Administration, APM Constanta, in litigation against the decisions of the Port Administrations to use 50% of the companies’ revenues for investments in assets under concession.
Assisted Swietelsky in litigation with Euroconstruct regarding the pecuniary rights arising from the Joint Venture created in connection with the implementation of a railway infrastructure project.
Advised Iridex in litigation against the town hall and various parliamentary groups and non-profit organizations in connection with the annulment of the integrated environmental authorization for waste dump and the establishment of the tariffs for post-closure monitoring of the waste dump.
Specialist lawyers:Ciprian Dontu, Dan Petrache, Justin Anghel, Dan Petrache, Camelia Patrascu, Bianca Chiurtu.
REFF & ASSOCIATES SCA (see profile ...)
Assisting a trader of one of the largest banks in Romania in connection with dismissal due to breach of the capital markets regulations and illegal conduct.
Defending the forced execution performed by large real estate investment fund against certain entities of a real estate group for the recovery of a significant receivable.
Representing a worldwide leading retailer in court in relation to a dispute resulting from the termination of an employment agreement.
Representing a major retailer in court and assistance in relation to contravention minutes resulting in fine and sale interdiction for certain goods.
Assisting worldwide leading IT player in a tax dispute regarding the payment of fiscal interest for VAT late reimbursement.
Specialist lawyers: Georgiana Singurel, Associate Partner, Head of practice, Lucian Tanase, Managing Associate;
RTPR ALLEN & OVERY (RADU TARACILA PADURARI RETEVOESCU SCA IN ASSOCIATION WITH ALLEN & OVERY LLP) (see profile ...)
Represented a leading FMCG company in the antitrust litigation against the decision of the Competition Council to fine the company for a vertical price fixing agreement. The High Court of Cassation and Justice has irrevocably reduced the fine by 75%. Given the gravity of the infringement set by the decision of the Competition Council, the ruling was deemed to be an important success.
Assisted one of the largest tobacco companies worldwide in arbitration proceedings initiated against a business partner before the Court of International Commercial Arbitration attached to the Romanian Chamber of Commerce and Industry. Our litigation team successfully represented the client before the High Court of Cassation and Justice by preparing the defence against the higher appeal application filed by the other company in respect of the arbitral ruling. The case file irrevocably solved in favour of our client regarded a commercial dispute related to a lease agreement.
Assisted a leading pension funds management company in the litigation file initiated by the client against the decision of the Competition Council sanctioning 14 companies for an alleged allocation of customers in 2007. The decision of the Bucharest Court of Appeal was favourable to the client, the fine being fully annulled. The Competition Council has appealed the court decision and the file is currently pending in front of the High Court of Cassation and Justice.
Assisted a renowned Greek bank with respect to the insolvency proceedings carried out against a multinational company. The client recovered more than two-thirds of the accepted receivable.
We provided legal assistance and representation in front of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania to a leading chain of pharmacies which was sued as defendant in a dispute regarding the cancellation of an assignment agreement having as object certain trademarks registered with the Romanian State Office for Inventions and Trademarks. The arbitral tribunal ruled in favour of our client and dismissed the application lodged by the former trading partner of the company.
Specialist lawyers: Professor Lucian Mihai, Valentin Hiriţ, Adriana Dobre;
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 the Romanian State in the arbitral investment dispute initiated by the Sukyas Brothers in relation to claims arising out of the Government’s alleged failure to restitute assets in Cinegrafia Română (CIRO Films), a film company held by the claimants’ family members before its seizure by the communist regime in 1948. The Romanian State is represented by the counsels’ association consisting of Stoica & Asociatii, Savoie Laporte s.e.l.a.s.u., Anca Liana Caraiola Buftea, Laborde Law and Professor Alina Miron. Other information cannot be revealed at this stage of the proceedings, due to the confidentiality requirements.
Successfully representing and assisting of one of the most important generic pharmaceutical products in litigation aimed at obtaining the benefits of a tax amnesty law. The challenged posed by the case was convincing the court that although the client didn’t meet the conditions as strictly provided by the law for the amnesty, his specific situation was similar to that of other entities which obtained the benefit.
Legal assistance and representation in a litigation package having as object the claims made by the shareholders who have submitted withdrawal requests following the merger procedure. Following the merger, several shareholders filed a request to withdraw from the company and requested the redemption of its shares - worth approximately Eur 8,000,000. The disputes were settled in favour of the Bank, noting that the redemption obligation is not due in the conditions in which the approval of the National Bank of Romania (BNR) was not given in this respect. The dispute with the shareholder holding the largest number of shares for which he requested the redemption is being appealed to the High Court, and has so far been won by Patria Bank, including on appeal.
Successfully representing and assisting of one of the most important international manufacturers of pharmaceutical products in a litigation regarding the damage claims requested by one of its distributors. The file involved examination of an extremely large amount of documentation and the construction of an effective defensive argumentation towards the introductory claim, as the first degree court’s decision forced the client to pay damages in the amount of over 20 MEUR.
Representing an important local actor on the energy market having as main objective to monitor the fulfilment of the obligations resulted from the privatization contracts concluded by the former Electrica S.A., regarding the electricity supply and distribution subsidiaries, as well as the agreements concluded by Electrica S.A., in connection with the privatization agreements. The position of our Client within this litigation aim to reject the claims of a former manager of the company, claims representing the alleged prejudice caused by the termination of the management contract. Therefore, our lawyers built a serious defence for the company to prove that the termination of the contract was not unexpected and well grounded, so that the initial claim should be totally rejected.
Representing and assisting the company in litigations regarding the cancellation of a real estate construction permit regarding a land with an area of 94,997 ha. The object of the dispute is the annulment of Decision no. 116 / 25.02.2009 adopted by the Local Council of Constanța Municipality, the Zonal Urban Plan (PUZ) ʺHigh-rise Real Estate Complex - Collective Housing, Commerce, Offices and Hotel, Str. Chiliei", on the site of the former RATC base, land with an area of 94,997.56 sqm. As a result of the PUZ approval, the land area of 94,997.56 sqm was dismantled into 10 UTRs (territorial reference units) of which one mixed unit, intended for trade and services), and the other 9 units intended for high-rise collective housing . After 9 years from the adoption of this PUZ, an action was formulated in its annulment. Stoica and Associates had an important role in the league, the action being rejected at the court of first instance, Constanta Tribunal, the case is now being appealed.
Assisting and representing the client before Cluj Commercial Court in a dispute derived from a contract for providing services in derivative financial instruments. The dispute deals with complex questions of international jurisdictions under EU Regulation 1215/2012 (a preliminary referral to the European Court of Justice being needed for ruling on the jurisdiction), alleged misrepresentations made before the execution of the agreement and during the performance of the contract, the existence of unfair terms in the contract and a breach in performance of the contract. The case is pending before Cluj Court of Appeals. STOICA & Asociații successfully managed to dismiss the entire claim against the assisted client.
Assisting and representing one of Romania’s major banks, as defendant, in an application for setting aside an ICC international arbitration award. The arbitration award, favourable to the client, previously obtained by our law firm was challenged by the opposing party. The dispute involves subtle issues around the statutory provisions that refrain the courts from reviewing the merits of the arbitral awards when ruling in an application for setting aside the arbitral award. STOICA & Asociații successfully obtained the rejection of the application. The case is now pending before the Romanian High Court of Cassation and Justice and before the Competition Court.
Representing a major contractor in a litigation before the Romanian competent courts in connection to a fiscal litigation against the central fiscal competent authorities. The litigations is related to the amounts established by the authorities after a complex fiscal inspection regarding the obligations to pay profit tax and VAT, for the period 2013-2018. The fiscal authorities reconsidered a large number of services acquisitions and appreciated that the amounts cannot be considered as deductible revenues and that company cannot benefit of the deduction right for VAT. Moreover, during the litigation the competent court shall clarify several procedural and legal interpretation issues, such as the status of limitation for establishing a part of the obligations, aspects regarding the evidence filed by the company and their interpretation based on the relevant fiscal legislation.
Representing an important distributor of water heating and heating systems, belonging to Ariston Group, a significant world leader on thermal comfort, within a litigation against the Romanian competent authority for environment issues. The object of the fiscal litigation consists of challenging the obligations established in 2021 for electric and electronic equipment placed on the relevant market. The litigation is very important that it aims to clarify the manner the competent authorities calculated the environment contribution for the period 2017-2019, by using a calculation formula which is applicable only after January 2020.
Assisting and representing the current minority shareholders (the former owners and administrators of two reputed Romanian companies in the veterinary pharmacy industry, both part of the Farmavet group) in two disputes brought by each of the clients against the current majority shareholder in each company, in relation to the management of the two companies. The two cases involve extensive argumentation to consolidate that right of the minority shareholder to participate in the decision-making process, its right to be informed and to effectively be able to influence the activity of the company, despite its minority position. One of the main challenges of the litigations consist in the complexity of the evidence that need to be produced in front of the court and the turbulent factual context derived from the many misunderstandings between the parties.
Assisting and representing the client, one of Romania’s most reputable cardiologist (jointly with Damian, Dobre & Asociatii SCA) in a malpractice dispute initiated by the legal representatives of a former patient of the client, in relation to a heart transplant surgery performed by the team led by the client. The evidence is complex and the legal argumentation required a solid and an in-depth assessment of the medical field, from a legal and biological perspective as well.
Representing an important distributor of water heating and heating systems, belonging to Ariston Group, a significant world leader on thermal comfort, within a litigation against the Romanian competent fiscal authorities. The company challenged the additional amounts established by the fiscal authorities related to the income tax for revenues from salaries and assimilated to salaries for the period 2015-2019. Thus, the fiscal authorities reinterpreted the relevant economic operations related to the operations of granting gift tickets to the employees of third parties (commercial partners) and established that the gift tickets represent, in fact, incomes assimilated to the salaries, with all the fiscal consequences therein, despite of a legislation that was unclear and object to interpretations for the said period.
Representation of a client in a package of litigations on environmental issues regarding the ecological landfill in Pojorita. The object of the disputes is the annulment of all the administrative acts issued in order to build the ecological deposit from Pojorata ta, as follows:
- Litigation regarding the annulment of the decision of the local council through which the land was passed in the public domain of Suceava County - the litigation was definitively won
- The dispute concerning the annulment of the permits for the construction of the ecological landfill - definitively acquired,
- The litigation having as object the annulment of the decision of the Pojorâta Local Council regarding the abrogation of the Zonal Urban Plan afferent to the Pojorâta Waste Landfill;
- Partial cancellation of the building permit exclusively regarding the authorization of construction works for the Ecological Landfill Pojorâta;
- Abolition of the construction of the Pojorâta Ecological Landfill and finding the illegal nature of the environment permit.
Representation of the client in a package of litigations on environmental issues regarding the ecological landfill in Pojorita. The case was won on the merits and is under appeal. Stoica si Asociatii played an important role in these litigations, prior to ensuring the representation by S&A of the first litigation having as object the annulment of the decision to pass into the public domain being lost by the Suceava County Council. As a result of the defences invoked by S&A, the solutions were favourable to the County Council.
Representing and assisting one of the most important mineral water producers in a series of litigations against the National Authority for Consumer Protection and its subordinate structures regarding the existence of potential incorrect commercial practices. The litigations are intermingled and concern both the suspension and the annulment of several administrative deeds issued by the public authorities competent in the field of consumer protection, by which the commercial use of specific labels designed by the client was banned and/or by which different sanctions were imposed on the client. The litigations require an in-depth analysis of both the legal grounds for the decision adopted by the public authorities, as well as the examination of the accuracy of the commercial slogan used by the client on the labels which formed the object of the administrative decisions.
Assisting and representing the client, as defendant, in an application for setting aside a domestic arbitration award. The arbitration award, favourable to the client, previously obtained by our law firm in a complex FIDIC RED Book arbitration was challenged by the opposing party. The dispute involves subtle issues around the statutory provisions that refrain the courts from reviewing the merits of the arbitral awards when ruling in an application for setting aside the arbitral award. STOICA & Asociații successfully obtained the definitive rejection of the application.
Assisting the owner and the administrator of one of the most important industrial parks in Romania, situated in Sibiu county (Automecanica Industrial Park) in relation to the prior complaint against a decision issued by the Local Council of Medias City. By means of this administrative decision, the Local Council unlawfully established a series of new criteria that should have been fulfilled by industrial parks in order to benefit from state aids, requirements which were not included in the normative acts of superior legal force (Law no. 186/2013 and EU Regulations on state aids). As a consequence, this decision excluded the client from the benefit of the state aid for initial investments in industrial parks (state aids consisting of exemptions from the payment of taxes on land and taxes on buildings corresponding to the infrastructure of the industrial park). In other terms, Automecanica S.A. would have been prevented from obtaining the state aid starting from 2022. The importance of the dispute lies in the uncommon measure adopted by the Local Council of Medias city. After the team drafted and submitted the prior complaint, the administrative authority revoked its own decision and adopted another decision, establishing that Automecanica S.A. fulfils all legal conditions in order to benefit from state aids. This particular demeanour of an administrative authority is rather exceptional in Romania, since the majority of the prior complaints are subsequently followed by a litigation between the same parties, given the authorities’ absence of favourable responses to the prior complaint. In 2022, Automecanica S.A. was granted a state aid of 1,568,738 lei (Eur 317,558.3).
Representing major Romanian mobile electronic communication provider in a complex dispute with the Romanian fiscal authorities for the purpose of cancelling certain fiscal control decisions with considerable financial impact. STOICA & Asociatii assists the client in reversing the tax authority decision imposing payments of large amounts of income tax and VAT amounting to approximately EUR 7.5 million. This complex fiscal dispute also deals with the annulment of the decision with respect to an amount of approximately EUR 27.5 million representing reduced interest as result of transfer price adjustments.
Representation of an important national company operating in the field of energy, in order to recover payments deemed inappropriate by the Court of Auditors, granted as a variable component to members of the board of directors and directors. In this regard, two disputes have been opened, with a view to the retroactive cancellation of the acts on the basis of which the payments were made, following the retroactive cancellation of these acts and the right to a refund of the payments made by SNN will arise.
Assisting and representing a client regarding a rescinding and damages claim in justice in connection with a real-estate contract. The dispute had as its subject the damages arising from the violation of the promise of sale-resale-purchase by the other party.
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.
TONCESCU SI ASOCIATII SPRL (KPMG Legal) (see profile ...)
Assisting Cerealcom Dolj in several litigation cases against two major railway transporters in relation to damages for non-fulfilment of contractual obligations.
Assisting Cerealcom Dolj in important litigation cases against Romanian Tax Authorities regarding VAT which was denied for refund and other several tax litigation cases.
Representing CON-A, a construction company, which is one of the most important general contractors in Romania, in a dispute before the Vienna International Arbitration Court arising from a contractual partner’s failure to fully meet its payment obligations.
Assisting CON-A in a dispute with their client - a large pharmaceutical company from Germany, in relation to fees and damages for construction works at a production facility of the beneficiary in Romania.
Representing Intrarom in an arbitration file against a former contractor for claims regarding fees for alleged supply of services. The main legal issues discussed were related to the types of claims that may interrupt the course of a statute of limitation and the exceptions thereof. The claim was rejected as time barred based on a very innovative interpretation of the provision of the law made by our lawyers which in the end was accepted by the Arbitral Tribunal.
Representing Intrarom in several commercial litigation cases against service providers for damages due to non-performance of contractual obligation.
Representing a confidential client in court proceedings against the Romanian Tax Authority regarding duties of a very high value. The main debates relate to the correctness of the transfer pricing method applied by the company versus the transfer pricing method which was imposed by the Tax Authority. Transfer pricing disputes are very sensitive in Romania as the practice of the Tax Authorities on this matter is not consistent and there are very limited precedents.
The law firm is currently assisting and representing NM Construction Zone, a Romanian construction design company in a litigation related to recovery of price for rendered services and delay penalties against an international real estate developer. The subject matter of the litigation is related to the fulfilment of the contractual obligations assumed by the parties through a contract regarding building design and the optimization services for the construction of a mall.
Specialist lawyers: Vlad Peligrad, Calin Dragoman, Oana Caloian.
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 & FILIPESCU SCA (see profile ...)
Assistance and representation of an important chain of supermarkets, in a liability claim against one former employee who launched accusations in public media regarding unhealthy practices of the company in relation with the alimentary products sold. The legal claim was admitted in first and second instance and administration of the file included a complex evidence consisting of an accountancy expertise, interrogation of 14 witnesses and submission of criminal complaints against the former employee, including for the attempt of threatening our client’s witnesses. Project coordinated by Partner Raluca Mihai.
Assistance and representation of a city hall of a city in Romania of 115.000 inhabitants, in a series of litigation cases, including conflicts with a state owned water company, complaints against decisions of the state authority with attributions of control for use of public funds, problematic insolvency cases having the City Hall as a majority creditor (over 150 files) and also legal claims against individuals who failed to pay their taxes to the local budget The project is complex due to the importance of the cases for the City Hall and the number of cases administrated. The files involve good knowledge of civil law, administrative law and insolvency law. Project coordinated by Partner Raluca Mihai and Managing associate Alice Ene
Assistance to the Romanian subsidiary of one of the largest insurance groups in Germany, in a series of litigation cases concerning employment matters, as well as in a litigation case regarding a claim of approximately EUR 1,85 million and in an insolvency litigation case regarding a claim of approximately EUR 11 million. Project coordinated by Senior associate Victor Cochirleanu
Assistance and representation of one of the most important insurance companies in Romania in a litigation case regarding a claim of approximately EUR 1 million filled by an insured hotel that was destroyed in a fire for payment of indemnity for the construction, movable assets from the building, as well as loss of profit due to the lack of use of the building. The solution obtained is important due to the non-unitary case law of the courts of law in Romania, including the High Court of Cassation and Justice, in respect of granting of indemnities for movable assets. Project coordinated by Managing associate Simona Merdariu and Senior associate Victor Cochirleanu.
Assistance and representation of an important German-based global diversified retail and wholesale/cash and carry group, in a complex labour litigation case, involving dismissal of a human resources manager, requesting for integration and payment of overtime and moral damages, amounting all to EUR 250,000. The dismissed employee’s complaint was rejected and the plaintiff received only part of the overtime proved in court. Project coordinated by Partner Raluca Mihai.
Assisted the Romanian waterway authority in front of the FIDIC Dispute Adjudication Board for claims filed against the client by the contractor as well as ongoing assistance in relation to the legal claims in Court for a value of compensation requested by the contractor of EUR 5.6 mil. Voicu & Filipescu obtained a positive outcome for the client in FIDIC procedures, by which one initial claim of the contractor was significantly reduced and the other one rejected in its entirety. Project coordinated by Partner Raluca Mihai.
WOLF THEISS Rechtsanwälte GmbH & Co KG (see profile ...)
Advising an Investment Fund on a currently on-going claim initiated by the client against seven construction companies and construction material producers after finding hidden defects in one of the most prominent office buildings in Bucharest following a fire event.
The complex litigation, in which the client acts as claimant, has been on-going for the past three years and is estimated to continue for at least two more years until the decision of the Bucharest Tribunal is issued
Advising an Oil & Gas company on two initiated cases to challenge certain decisions issued by Romanian fiscal authorities regarding VAT reimbursement, the payment of tax on profit and the deductible and non-deductible expenses of the company following a dawn raid by the fiscal authorities.
Advising a food production company in forty cases initiated by the client against commercial partners in relation to derivatives on crops (forward contracts). The opponents refused to supply under these contracts on force majeure grounds (draught affecting crops).
Advising a company activating in the energy field on two contentious administrative claims that are on-going before the High Court of Cassation and Justice and the Court of Appeals respectively. They refer to the cancellation of two unlawful decisions by the Romanian customs authority, who rejected applications by the client requesting restitution of undue customs duties incurred by error. The case's complexity arises from the lack of relevant domestic case law and the lack of clarity of EU case law concerning the interpretation of rights of restitution of undue customs duties under the European Customs Code.
Advising French hypermarket chain offering home improvement and do-it-yourself goods on the investigation carried out in the retail industry by the Competition Council in relation to more than 20 undertakings.
Specialist lawyer: Ligia Popescu;
WOLF THEISS Rechtsanwälte GmbH & Co KG (see profile ...)
Successfully representing a Saudi Arabian Investment Fund, in first instance before the Bucharest Tribunal in a dispute initiated by the Romanian State in relation to the privatization of one of the largest industrial players in the field of electric equipment. Our assistance included preliminary settlement negotiations with the Romanian State, where we managed to obtain a reduction of the settlement from EUR 300 million to EUR 180 million and, finally, the claim was dismissed.
Name of the team coordinator: Ligia Cecilia Popescu, Partner
Completion date: The case is still ongoing as it is expected that the State will use all available appeals.
Successfully representing in first instance before the Bucharest Tribunal nine major Hollywood production studios, financiers and script writers in a litigation initiated by a Romanian writer in relation to an alleged copyright infringement claim. The court ultimately ruled in favour of our clients, dismissing in full the claim of the Romanian writer.
Name of the team coordinator: Ligia Cecilia Popescu, Partner
Other relevant information: The case was challenging for lawyers and experts alike due to the difficulty of obtaining cross border evidence and interpretation of such evidence as well as the technical aspects of film making and financing in the Hollywood movie industry.
Completion date: We are currently waiting for the drafted judgement to be issued by the first instance and communicated to us and we expect that the case will continue in appeal.
Assisting FUNDATIA CONSERVATION CARPATHIA (FCC), a leading international NGO, before the Tribunal of Brasov and the Court of Brezoi in two libel claims submitted by the Association of Romanian forest owners Nostra Silva against our client. The claims were in relation to alleged reputational harm caused to NS by our client from inaccurate presentation of activity by FCC on the website of NS.
Name of the team coordinator: Ligia Cecilia Popescu, Partner
Other relevant information: The cases refer to sensitive aspects such as the deontological obligations of the media and legal regime of defamation through press.
Completion date: August 2018
Successfully advising a financial services company, in arbitration and court procedures with respect to the initiation of proceedings for the recovery of their receivables against three Romanian insurance companies. Furthermore, we also ran an analysis of the available recovery procedures in case one of these insurance companies would enter into insolvency.
Name of the team coordinator: Ligia Cecilia Popescu, Partner
Other relevant information: We also note that following the steps we have taken in these proceedings the client recovered in full its receivables against 2 of the three insurance companies. The insolvency procedure of one of the insurance companies is still ongoing.
Completion date: Ongoing
Representing an unsecured creditor in the insolvency of a major cable and wire manufacturer for a claim in excess of EUR 4 million. The object of the assistance includes the representation in all actions related to the insolvency procedure conducted in front of Romanian courts of law but also legal assistance regarding the continuation of business relationship with the client during such insolvency procedure.
Completion date: Ongoing
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.