STOICA & ASOCIATII
Tel: +40 21 402 09 30
Fax: +40 21 402 09 31
E-mail: [email protected]
Web: www.stoica-asociatii.ro
Most senior representative: Valeriu Stoica, Cristiana I. Stoica
No. of local partners: 13
No. of lawyers: 41
Offices in Romania: Bucharest
Representative clients include: ING Bank, Orange Romania, Lidl Romania, BRD-Groupe Societe Generale, One Modrogan, Mol Romania Petroleum Products, Kaufland Romania, Metroul SA, Biofarm, British Council.
Partners and heads of practice
Practice Areas: Civil Law, Dispute Resolution, Competition Law, IP Law, Arbitration, Banking & Finance, Corporate Law, Administrative, Tax Law & Constitutional Contentious Matters
Valeriu Stoica coordinates the litigation activity of the law firm Stoica & Asociatii. Valeriu Stoica has a wealth of experience achieved in legal practice, in central administration, by coordinating or participating in major legislative and institutional projects in connection with the judiciary and the business environment. He represented Romanian and foreign clients, companies or individuals, public institutions or non-profit organizations in civil and commercial cases in front of law courts or international and local arbitration courts. Member of the Bucharest Bar since 1980; Dispute resolution – Romania, Eminent Practitioner (Chambers Europe) and Hall of fame (Legal 500); Recommended individual: WTR 1000 and IAM Patent 1000.
Practice Areas: Civil Law, Dispute Resolution, Competition Law, Arbitration, Banking & Finance, Corporate Law, Administrative, Tax Law & Constitutional Contentious Matters
Cristiana I. Stoica is a full member of International Court of Arbitration of the ICC Paris, since July 2018 until July 2021. She is an associate professor at the Law Faculty, University of Bucharest, at the LLM Program “International Arbitration” (since 2013), presiding conferences on comparative international arbitration and on institutional arbitration. She is also an arbitrator at the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (CCIR) and at the Permanent Court of Arbitration of the Romanian-German Chamber of Industry (AHK Romania). Cristiana I. Stoica rendered legal assistance to international banks, multinational companies or diplomatic missions in Romania, private clients or institutions of the central or local administration in numerous business projects. As pleading lawyer, she represented clients in civil and commercial cases. Member of Bucharest Bar since 1980; Dispute resolution – Romania (Chambers Europe).
Practice Areas: Civil Law, Dispute Resolution, Arbitration, Banking & Finance, Enforcement Procedures, Corporate Law/M&A, Administrative, Tax Law & Constitutional Contentious Matters
Catalina Dicu has a strong experience as a pleading lawyer, assisting and representing Romanian and foreign clients in intricate civil law cases, before the courts and the internal and international arbitral courts. Member of Bucharest Bar since 1994; Recommended lawyer - Dispute resolution – Romania, Band 5 (Chambers Europe).
Practice Areas: Civil Law, Dispute Resolution, Arbitration, Enforcement Procedures, Competition Law, Administrative, Tax Law & Constitutional Contentious Matters
Dan-Rares Raducanu is a very good litigation lawyer, representing Romanian and foreign clients in administrative, fiscal and competition law litigations. He rendered assistance and representation in local arbitration cases, in actions regarding contractual liability or in property restitution claims, in actions regarding public property regime or public acquisitions, in claims and legal actions in the telecommunications and audiovisual sector or in corporate conflicts. Member of Bucharest Bar from 1997; Recommended lawyer - Dispute resolution – Romania: Band 5 (Chambers Europe).
Practice Areas: Civil Law, Dispute Resolution, IP Law, Competition Law, Arbitration, Banking & Finance, Corporate Law/M&A, Administrative, Tax Law & Constitutional Contentious Matters, Energy Law
Dragos Bogdan enjoys a wealth of experience acquired as a judge or as a civil servant and in various academic projects. Dragos Bogdan assisted and represented Romanian and foreign clients in numerous IP dispute resolution cases (trademarks, patents, industrial designs and models, unfair competition or intellectual property rights), competition law litigations, administrative and fiscal law litigations (especially in the pharmaceutical industry) and in the procedures set out in the European Convention on Human Rights. Dragos Bogdan participated in advisory projects and in the negotiation of civil and commercial contracts. Member of Bucharest Bar since 2007; Leading individual: Legal 500; Recommended individual: WTR 1000 and IAM Patent 1000.
Practice Areas: Civil Law, Dispute Resolution, Competition Law, Arbitration, Banking & Finance, Corporate Law/M&A, Administrative, Tax Law & Constitutional Contentious Matters
Laura Elena Mihalache enjoys a wide professional experience achieved both in advisory and in dispute resolution areas, assisting and representing local and foreign clients before the judiciary and the arbitral courts from Romania and abroad (ICC Paris).
Practice Areas: Civil Law, Dispute Resolution, Competition Law, Arbitration, Banking & Finance, Administrative, Tax Law & Constitutional Contentious Matters
Elena Valentina Preda assisted and represented Romanian and foreign clients in civil and commercial law litigations, in insolvency procedure, in contentious administrative cases, in labour law, local and international arbitration cases. Moreover, Valentina Preda assisted and represented clients in actions with regard to real estate, inheritance issues, fiscal litigations or administrative action claims, in criminal cases in connection with banking secret and to other white collar crimes.
Practice Areas: Civil Law, Dispute Resolution, Criminal Law
As a pleading lawyer, Veronica Dobozi assisted Romanian and foreign clients in criminal investigations, in contravention law matters, in litigations before the European Convention for Human Rights, family law litigations, in procedures in connection with international cases of children kidnapping.
Practice Areas: Civil Law, Dispute Resolution, Arbitration, Enforcement Procedures, Competition Law, Administrative, Labour Law, Tax Law & Constitutional Contentious Matters
Oana Zama assisted and represented Romanian and foreign clients in administrative and fiscal law litigations, labour law and competition law dispute resolution cases. She assisted and represented clients in actions regarding contractual liability, in cases related to the public property regime or in public acquisitions projects.
Practice Areas: Civil Law, Dispute Resolution, IP Law, Competition Law, Arbitration, Corporate Law/M&A, Administrative, Tax Law & Constitutional Contentious Matters
Andreea Stoica assisted and represented Romanian and foreign clients in civil law litigations, IP dispute resolution cases especially in connection with trademarks, patents, intellectual property and other related rights. Irina Andreea was active in competition law cases, assisting clients in the investigations carried out by the Competition Council in various industries with regard to alleged beaches of competition law rules (e.g. cartels, abuse of dominant position, economic concentrations etc.) and rendered legal assistance in various projects that generated competition law issues. Next Generation Partner – Legal 500.
Practice Areas: Civil Law, Dispute Resolution, Competition Law, Arbitration, Banking & Finance, Corporate Law/M&A
Daniel-Alexandru Aragea assisted and represented Romanian and foreign clients in civil law litigations, especially with regard to civil contracts, in real estate matters, in the administrative procedures before the Competition Council, and in litigation arisen from the decisions of the Competition Council. Daniel Alexandru Aragea assisted and represented clients before the local and international arbitral courts (ICC Paris).
Practice Areas: Civil law, Dispute resolution, Labour Law
Andrei Buga assisted and represented Romanian and foreign clients in civil law litigations in competition, labour and administrative law cases. He gave advice to clients in many projects and was involved in negotiating and drafting of contracts in energy and telecommunication industry sector.
Practice Areas: Civil Law, Dispute Resolution, IP Law, Competition Law, Arbitration, Banking & Finance, Corporate Law/M&A
Mircea-Bogdan Popescu assisted and represented Romanian and foreign clients in civil law litigations, especially in IP dispute resolution cases in connection with trademarks, patents, intellectual property, and other related rights. Moreover, he elaborated litigation strategies and represented clients in administrative and fiscal contentious matters, unfair competition and banking issues.
List of the most representative projects
Providing legal assistance to the private investment fund from the Czech Republic, Emma Capital, in acquiring a majority stake in Get's Bet group, one of the most important Romanian operators in the field of gambling and sports betting. The team of lawyers carried out legal due diligence operations, provided legal assistance for the structuring, negotiation, and implementation of the transaction, as well as with regard to obtaining from the Council of the Council approvals of the economic concentration operations.
Specialist lawyers: Bogdan Popescu, Marius Chelaru.
Banking
Assisting and representing ING Bank with respect to a claim based on an alleged breach of contract, filed with the Romanian courts by a large state-owned company. The alternative grounds were undue payment and unjust enrichment.
Assisting and representing ING Bank with respect to a claim filed against the Romanian tax authorities for the reimbursement of a sum amounting to more than €43 milion, which was forcibly paid by the bank through an unlawful enforcement procedure.
Assisting and representing Patria Bank in a large litigation package pertaining to all enforcement proceedings regarding a line of credit awarded by the bank to the debtor, consisting in various legal challenges appeals against enforcement, termination before the stipulated date of maturity, scrapping of interest rates and of accrued penalties.
Assisting and representing First Bank in a set of litigations pertaining to the recovery of the claim in the amount of approx. €9 milion, representing the damage caused to the client. The claim was established by a court Decision, arising from non-reimbursed credit agreements granted by Dacia Felix Bank.
Representing BRD-Groupe Societe Generale in a litigation case against a fiscal deed concerning tax adjustments performed as result of fraudulent loans. It is the first litigation of this magnitude, considering that the fiscal authorities have determined significant additional income tax obligations.
Specialist lawyers: Valeriu Stoica, Andreea Stoica, Dragos Bogdan, Catalina Dicu.
Competition
Representating Orange Romania before the courts of a subsidiary of an important European electronic communication provider in two litigations regarding the cancellation and suspension of a Competition Council decision. The team is involved in building the defense in the case sanctioning their client for an alleged abuse of dominant position as well as for imposing fines (approx. €13 million) deriving from the alleged anti-competitive facts.
Assisting and representing Inspet before the courts in order to annul the decision of the Competition Council for an alleged bid-rigging. The dispute involved complex questions of domestic and EU competition law and of proportionality of fines and is intertwined with a complex criminal case. The case is pending before Bucharest Court of Appeals.
Assisting and representing Kontron Group AG, a major IT company, for obtaining the competition clearance for an economic concentration represented by acquiring a Romanian company with business in transport IT solutions.
Assisting and representing RBW ELITE CONBET GROUP, a major constructor of gas infrastructure, before the courts in order to annul the decision of the Competition Council for an alleged bid-rigging. The dispute involved complex questions of domestic and EU competition law and of proportionality of fines and is intertwined with a complex criminal case.
Assisting Foraj Sonde Craiova - a major player on the market of oil and gas drilling services - in an investigation conducted by the Romanian Competition Council concerning an alleged infringement of article 5 of Competition Law 21/1996 (horizontal agreement – hard core cartel). The investigation was launched following an application for leniency, filed by an undertaking.
Specialist lawyers: Dan-Rares Raducanu, Laura Mihalache, Daniel Aragea.
Real Estate
Assisting and representing one of the most important real estate developers on the Romanian market - One Modrogan - within the extraordinary appeal phase of a dispute bearing on the request for annulment of the Zonal Urban Plan filed by a political party.
Assisting and representing Vista Bank (Romania) in a litigation initiated by a public institution of national interest for the recovery of a real estate (allegedly public, inalienable property administered by the claimant in the proceedings) whose owner in present is the client by virtue of a previous giving in payment agreement concluded with two clients of the bank (former owners of the real estate).
Assisting and representing Log Center Ploiesti in a complex real estate litigation initiated by the Prefect as regards the annulment of the building permit allowing the client to build an extension of logistic warehouse and construction of truck parking, pallets warehouse, enclosures and utilities and the request for the demolition of the construction.
Assisting and representing the biggest retailer in Romania - Kaufland Romania - before the Romanian courts in a dispute involving the performance of a construction contract for the construction of one of the retailer’s biggest stores. The dispute involved highly complicated questions of facts and law related to the obligations of the constructor and of the employer, performance of the obligations and the duty of care of the contractor.
Successfully assisting and representing Lidl Romania, the local branch of a major German company, leader of the retail market, on real estate matters associated with urban planning issues, including procedures before the relevant authorities in connection with permitting issues regarding a supermarket located in Constanta.
Specialist lawyers: Andreea Stoica, Dan-Rares Raducanu, Laura Mihalache, Daniel Aragea, Yolanda Besleaga.
Litigation and Dispute Resolution
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.
PPP Public Procurement
Providing legal assistance and representation for Metroul SA in a public procurement dispute concerning a court decision ordering the respondent Metrorex to pay the sum of approx. €844,000.
Representing UTI Group in a litigation before the competent Romanian courts in connection to a contractual dispute regarding an important public procurement contract against a local authority.
Representation the client, Altimate, in various administrative-jurisdictional appeals before the National Council for the Settlement of Appeals either as appellant or as respondent, as well as subsequently, before the court.
Representing a major contractor - UTI Group - in litigation against the contracting authority (a major national airport company) for the recovery of unpaid sums for works performed under the public procurement contract, as well as contractual penalties for late payment.
Representation of the major contractor, UTI Construction and Facility Management, in various administrative-jurisdictional appeals before the National Council for the Settlement of Appeals either as appellant or as respondent, as well as subsequently, before the court.
Specialist lawyers: Dan-Rares Raducanu, Oana Zama, Andreea Stoica, Alin-Gabriel Oprea.
Employment
Legal assistance and representation of the client, British Council – Romania in a procedure for annulment of disciplinary dismissal. The team identified legislative and jurisprudential solutions regarding the conditions in which an act can be qualified as a disciplinary violation, considering the possibility of proving the employee's guilt, if he invoked the existence of acts of discrimination and moral harassment at the place of work.
Legal assistance and representation of the client, Biofarm, in a litigation aimed at challenging the dismissal ordered by the employer through a reorganization procedure.
Legal assistance and representation of the client, REGIA AUTONOMA MONETARIA STATULUI, in a litigation in which the employee claimed the existence of acts of discrimination and moral harassment at the place of work based on, among others, trade union activities.
Legal assistance and representation in litigations aimed at challenging the dismissals ordered by the employer through several reorganization procedures. The legal assistance involved establishing the strategy in the court cases, identifying the legislative and jurisprudential solutions for rejection of the employees’ claims. The client represented is AC Helcor.
Providing legal assistance and representation of Mr. Chiriac Petronel, in a litigation aimed at challenging the dismissal ordered by the employer through a reorganization procedure and, following the annulment by the court of the dismissal measure, in the procedure for reinstating the employee.
Specialist lawyers: Andrei Buga, Andreea Gurica.