VOICU & FILIPESCU SCA
Tel: 00 40 21 314 02 00
Fax: 00 40 21 314 02 90
Most senior representative: Daniel Voicu and Mugur Filipescu – Managing Partners
No. of local partners: 8
No. of lawyers: 20
Offices in Romania: Bucharest
Representative clients include: Allianz Partners, Baker Hughes, Bilfinger Group, Bel Rom, Capgemini, Euroins, DUET, General Electric Medical Systems, Goodyear, OTP Bank, REWE Romania.
Partners and heads of practice
Daniel Voicu advises international and Romanian clients active in industries like food & beverages, telecommunications, pharmaceutical, tobacco, real estate, chemicals, professionals services, IT&C, tires, banking including corporate, mergers and acquisitions, real estate, construction, contracts.
Mugur Filipescu is a managing partner of Voicu & Filipescu and one of its founding partners. He has extensive experience in M&A, banking and financial transactions, general corporate and commercial, contracts. He has strong negotiation skills and has structured numerous deals on markets such as financial services, energy, FMCG, telecommunications, auto, wood.
Marta Popa joined Voicu & Filipescu in 2001 and became a partner of the firm in 2006. She is an experienced lawyer, covering public procurement and PPP, employment, outsourcing, mergers and acquisitions, energy, TMT, project finance, general commercial. Her clients’ portfolio includes companies activate in IT&C, outsourcing, professional services, financial services, FMCG, energy, medical devices, manufacturing.
Roxana Negutu became a partner of Voicu & Filipescu in 2008. She has extensive experience in commercial real estate, advising commercial, industrial, financial, institutional and individual clients. She is the exclusive winner of 2017 and 2018 ILO Client Choice Award for Romania in real estate.
Dumitru Rusu became a partner of Voicu & Filipescu in 2008. He is an experienced banking & finance and capital markets lawyer, advising international and Romanian financial institutions on regulatory and commercial legal matters, as well as project management, both in private practice and, previously, as in-house lawyer for Raiffeisen banking group.
Alexandru Tabacu became the firm’s Tax Partner in 2009, when former Steuer & Buchhaltung Partners SRL, which he had founded in 2006, was integrated into Voicu & Filipescu. He is the head of the group’s specialized tax and accounting company, Voicu & Filipescu Tax Advisers SRL. He is a very experienced tax and accountancy expert and financial adviser, providing local and multinational companies with specialized services regarding their business in Romania.
Raluca Mihai focuses on public procurement and PPP, employment consultancy and litigation including related administrative and court disputes. Raluca is licensed as procurement expert. She provides expert advice on a wide variety on general corporate and commercial, contracts, energy and litigation. She is the exclusive winner of 2017 ILO Client Choice Award for Romania in projects and procurement.
List of the most representative projects
Assistance to a Swiss transport company providing logistics and transport for the chemical industry with the transfer of business to be made by a group of local companies operating an intermodal transportation terminal located in a hub region for transportation services. Services provided included the due diligence investigation over the targets and negotiating the business transfer implementation mechanism and the transaction documents. Project coordinated by Managing partner Daniel Voicu and Managing Associate Carmen Dutescu
Assistance to a US - based global manufacturer of flexible packaging products and pressure-sensitive materials, during the acquisition process of a local group of companies acting in the same industry, as part of its European extension plan. The services included the due diligence exercise over the targeted companies, provision of comprehensive advice in relation to the remedy actions to be implemented in view of the successful closing of the deal and assistance to the buyer during the negotiation and completion of the transaction documents Project coordinated by Managing partner Daniel Voicu and Managing Associate Carmen Dutescu
Assistance to the leading local provider of recover sports medicine services in the transfer of the business to the biggest private medical services provider in Romania, also integrating the management team of the seller. The services provided included assistance to the client during negotiation and up to the completion of the transaction documents and implementation of the business transfer. The deal encompassed a complex earn-out mechanism and specific buyer’s commitments to further investments. Project coordinated by Managing partner Daniel Voicu and Managing Associate Carmen Dutescu
Assistance to a local publishing house during the transfer of a part of its business activity and also the joint venture with a German based group of companies, one of the leading European publishing houses in educational materials, dedicated both to scholastic and adult education. The partners provided for different corporate mechanisms and options to be exercised conditional upon the financial results of the venture. Project coordinated by Managing partner Daniel Voicu and Managing Associate Carmen Dutescu
[Ongoing] assistance to a major regional retailer active on the Romanian market on a series of legal matters related to the client’s business activity such as: (i) negotiating and signing of agreements with suppliers, distributors and other service providers (ii) advice related to various controls from different Romanian public authorities, as well as assistance in connection with the procedure of obtaining specific permits (iii) activities related to social responsibility involvement, (iv) trademark related issues, (v) labor law etc. Project coordinated by Partner Roxana Negutu
Appointed as advisors on the M&A deal regarding the client’s acquisition of the Romanian operations of a Bank– Member of National Bank of Greece Group (includes acquisition of equity and sub-debt participation in such Bank, refinancing all intra-group loans by the purchaser group); rendered services include obtaining acquisition clearance from the National Bank of Romania, as well as on other conditions for closing. Project coordinated by Partner Dumitru Rusu
Assisting the buyer in the acquisition from the largest bank in Greece of the nonlife portfolio of an important insurance company in Romania and in the subsequent acquisition of the 100% ownership in said insurance company. Project coordinated by Partner Dumitru Rusu
Assisted a bank and a borrower in connection with a complex the refinancing transaction of a Hotel in Romania, with the occasion and corroborated with the indirect sale of the bank participation in the borrower to an important producer and distributor of alcoholic beverages in Romania. Project coordinated by Partner Dumitru Rusu
Assisted the world's leading B2B2C specialist for the global automotive business in restructuring its Romanian subsidiary by transformation in a branch through a cross-border merger. Assistance to this client also included aspects of data protection law and practice and a complex case for ensuring compliance with the Romanian legislation of the client’s employment documentation. Project coordinated by Partner Dumitru Rusu
Assistance to a Hungarian Bank, acting as lender, facility agent and security agent, in the project by which a syndicate coordinated and arranged by an Austrian Bank re-financed the existing loan facility of USD 137 million to the most important Romanian aluminium producer, with a 30 million top-up as a non-funded facility (for issuance of surety bonds)
Project coordinated by Partner Dumitru Rusu
Energy and Natural Resources
Providing general day-to-day advice in connection with the group’s business activity in Romania for companies active in energy trade and optimization of electricity consumption, part of the largest Hungarian company responsible for the production, distribution and sale of electricity. Rendered services include regulatory (electricity trading license extension, registration with the Romanian Gas and Electricity Market Operator – OPCOM, general advice in relation to the relationship with the sector regulator), corporate matters (transfer or shares, company dissolution, seat relocation – lease including, directors’ appointment), contracts, tax consultancy (general matters, VAT reimbursement). Project coordinated by Senior Partner Marta Popa
Assistance to a top tier oilfield service company, in relation to its intended restructuring process by resizing the company’s Romanian subsidiaries along with reorganization of the remaining entity including services related to business aspects, assistance on the termination of a significant number of employment contracts for business/economic reasons, as well as in one employment litigation case filed by one of the employees terminated in this process – with a positive outcome in favour of the client. Services provided to this client also included assistance in two distinct public procurement procedures organized by a Romanian integrated oil company, the largest corporation in Romania and the largest oil and gas producer in Southeast Europe. Projects coordinated by Senior Partner Marta Popa
Assistance to the leading provider of offshore platform workover and drilling rigs in the U.S. and multiple international market, for general business advice including employment related issues, employment litigation, fiscal aspects such as payroll assistance and reconciliation of the fiscal record of the company, complaints against the tax authorities etc. Project coordinated by Senior Partner Marta Popa (legal) and Tax Partner Alex Tabacu (tax).
Assisted one of the world's leading suppliers of hydroelectric equipment, technology and services, on Romanian legal matters in connection with the international arbitration case between the client and a Romanian state-owned hydropower company (also representing Romania's largest power producer) in connection with a contractual breach as well as in general business aspects related to its presence in Romania. Project coordinated by Partner Raluca Mihai.
Assistance to an international engineering and services group for industrial facilities, power plants, real estate and infrastructure) in a series of public procurement procedures organized by major Romanian energy companies, as well as in the complaints filed in front of the National Council for Solving Complaints (CNSC) and the litigation files pursued in front of the Romanian courts related to the said awards.
Coordinating the team retained as monitoring agent in the project for implementing commitments undertaken by a major multinational telecom company and its distributors in front of the Romanian Competition Council following an investigation on the relevant market.
Assisting a major European retail company in a series of competition investigations initiated by the Romanian Competition Council, specifically an investigation regarding a potential breach of the national and European Union competition legislation on the food retail market and a sector inquiry on the online distribution market.
Assisting motor vehicle authorized repairer in sector inquiry initiated by the Romanian Competition Council on car insurance and repair market; assisted motor vehicle distributor in sector inquiry initiated by the Romanian Competition Council on motor vehicle market.
Assisting an important pharmaceutical distributor in a sector inquiry initiated by the Romanian Competition Council; advising on various competition matters, including distribution related matters, dealings with producers and sub-distributors, competition compliance.
Assisted a significant player active on the Romanian decorative paints and coatings market in an investigation regarding the potential breach of the national and European Union competition legislation; preparing defenses to the statement of objections put forward by the Romanian Competition Council and successfully representing the client in the hearings before the board of the Romanian Competition Council.
Assistance to a major regional retailer active on the Romanian market in connection with its retail chain expansion in Romania. Some of the most relevant projects include: assistance in connection with a series of real estate acquisition projects including major, mid and small locations throughout Romania; rendered services include conducting due diligence legal investigations on acquisitions, negotiation and drafting of transaction documents, as well as assistance in completing transactions and assistance in connection to a series of lease agreements; rendered services include drafting the lease agreements based on the commercial conditions agreed and assistance during the negotiations with the landlords. Projects coordinated by Partner Roxana Negutu
Assistance to a real estate developer covering several Romanian cities, in connection with the refinancing process of the retail park located in Botosani by renegotiation of terms with the financing bank. Our firm has conducted due diligence investigations on the financial refinance scheme and assisted the client in the negotiation and conclusion of the financing documents and security package, second stage development of the project was also covered. Project coordinated by Partner Roxana Negutu
Assistance to a leading German international manufacturer in relation to acquisition of a plot of land located in Bucharest with the purpose of further developing an office building in Floreasca area; services provided included performing the due diligence investigation, advising on the Transaction structure, including specific conditions, structuring the Transaction and drafting the sale purchase agreement. Project coordinated by Partner Roxana Negutu
Assistance to an important real estate developer acting on the Romanian market, in the process of obtaining necessary zoning and planning and permits for development of a residential project in Bucharest city centre; services include advice on administrative procedures and in relation with the public authorities, assistance in the resolution of various disputes with NGOs intervening in the procedures as civil society’s representatives, as well as in disputes with the authorities; real estate project development, negotiating and drafting pre-sale-purchase and sale-purchase agreements. Project coordinated by Partner Roxana Negutu
Assistance to a global marketing research company, on the negotiation and conclusion of the lease agreement regarding the client's company headquarters located in an office building in the North of Bucharest (Nusco Tower); work rendered included obtaining all necessary corporate approvals and making the necessary registrations with the Romanian authorities. Project coordinated by Senior partner Marta Popa.
Litigation and Dispute Resolution
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.
Day-to-day tax consultancy and accounting services delivered to a company member of one of the world's foremost providers of consulting, technology and outsourcing services, covering all types of direct and indirect taxation matters, payroll; ongoing, continuous advice since 2009. Indicative assignments over the past year include advice on: income tax, reinvested profit, copyright related taxation, tax impact regarding the financial model for business valuation, VAT, tax impact of an envisaged transfer of business, individual taxation etc. Project coordinated by Tax Partner Alex Tabacu.
Assisted an American industrial service company and is one of the world's largest oil field services companies) on the client’s intended market exit by closing down the company’s Romanian subsidiaries along with reorganization of the remaining entity. Rendered services included legal and tax on the necessary corporate documents and registrations, liaising with the Romanian authorities, conducting various assessments, as well as providing extensive advice on employment matters related to the envisaged market exit. Project coordinated by Senior Partner Marta Popa (legal) and Tax Partner Alex Tabacu (tax).
Assistance to the city hall of a Romanian city of 115.000 inhabitants in relation to conducting a complex legal and tax audit services for the period 2012-2016, including analysis of internal reports, different commercial operations, decisions of Court of Accounts decisions, and others. Project coordinated by Partner Raluca Mihai (legal) and Tax Partner Alex Tabacu (tax).
Assistance to a London based technology company that develops and markets mobile ticketing services for public transport companies, covering all types of Vat status, payroll as well as taxation matters. Project coordinated by Tax Partner Alex Tabacu.
PPP Public Procurement
Assistance in a series of public procurement procedures organized by major Romanian energy companies, as well as in the complaints filed in front of the National Council for Solving Complaints (CNSC) and the litigation files pursued in front of the Romanian courts related to the said awards. The total value of the contracts is of over EUR 500 million over the past years. Our team has succeeded to win in courts and won the project for its a market-leading supplier of products and services for the power generating industry in public procedures where the public contract was awarded to competitors of our client. There is only a small percent of cases where the contracting authority’s (or CNCS’s) decision is reversed by the court. We also obtained a court decision which was a first of its kind in the public procurement field, as it obliged the contracting authority to sit at the table and negotiate a public procurement contract with our client. Projects coordinated by Senior Partner Marta Popa and Partner Raluca Mihai.
Assistance in the public procurement procedure organized by a Romanian state-owned gas company for pipeline construction works within a project involving several European countries. Rendered services included assessment of tender documentation and drafting proposals for change, review and assessment of clarifications posted on SEAP, perusal of the public procurement contract and assessment of the clauses towards provisions of the public procurement laws and client contractual policy, other relevant advice on the legal aspects of the tender. Project coordinated by Senior Partner Marta Popa.
Assistance in two distinct public procurement procedures organized by a Romanian integrated oil company, the largest corporation in Romania and the largest oil and gas producer in Southeast Europe, for the award of (i) a Supply of Chemical Products and Related Services contract and (ii) a Chemical Treatment Services contract; rendered services in each procedure included preparation of the offer, including assessment of tender documentation and drafting proposals for clarification requests to be addressed to the contracting company, analyse of clarifications posted in SEAP, preparation and double check of ESPD form, other relevant advice on the legal aspects of the tender, prior notification to CNSC, analysis of contractual terms and preparation of a list of proposed contractual deviations to the standard framework agreement. Project coordinated by Senior Partner Marta Popa.
Assistance in the public procurement procedure organized by a Romanian state-owned roads company for the design and construction of Timisoara Sud by-pass; rendered services included preparation of the offer to CNAIR tender, including assessment of tender documentation and drafting proposals for clarification requests to be addressed to CNAIR, drafting of documents regarding third party upholder, double check of DUAE form, draft of letter of bank guarantee for bid bond, analyze of clarifications posted in SEAP by CNAIR, other relevant advice on the legal aspects of the tender, including final check of the offer together with the client’s team. The advice was further followed by representation in front of CNSC - National Council for Solving Complaints in the complaint against the tender award result. Project coordinated by Senior Partner Marta Popa and Partner Raluca Mihai
Assistance and representation to the client in relation to filling a complaint against the tender award result organized by Cluj Technical University for Supply of cleaning products. Rendered services included review of the tender documentation, drafting and representing the client in front of National Council for Solving Complaints and the relevant courts.
Ongoing assistance and representation to this client in relation to multiple tenders organized by various public hospitals throughout Romania. Projects coordinated by Partner Raluca Mihai