The Legal 500

Pharmaceutical Advertising 2010. A practical cross-border insight into pharmaceutical advertising. Advertising of medicinal products in Romania is specifically regulated under Title XVII (Pharmaceutical Products), Chapter VIII (Advertising) of Law No. 95/2006 on the health sector reform (Law 95/2006, the Law), implementing Directive 2001/83/EC on the Community Code relating to medicinal products for human use. Other general enactments regarding advertising apply also the medicinal products.

Government Emergency Ordinance no. 116/29.12.2009 (the “Ordinance”) for establishing certain measures with regards to the activities of registration in the Trade Registry was published in the Romanian Official Gazette no. 926/30.12.2009.

At the beginning of every season Voicu & Filipescu releases a specialized newsletter on Disputes Resolution. Besides outlining the legislative developments of the previous trimester, the firm’s newsletter also comprises a cover article on a legal matter of interest to the business environment. Read our 2008 spring issue, including “Forms of liability of the companies’ directors”, a thorough analysis drawn up by the firm’s lawyers.

Romanian Competition Council Decision 15/12.03.2008 on market-sharing cartel and Public Health Ministry infringement on the insulin market: Following an investigation initiated in July 2005 and which has lasted for almost 3 years, the Romanian Competition Council (RCC) has fined one pharmaceutical producer and three distributors for participation into a market-sharing cartel active between April 2003 and May 2005, imposing fines in a total amount of Euro 22.7 million (RON 83.6 million). At the same time, the RCC ascertained the breach of the law by the Ministry of Public Health

The emerging Romanian market economy is more and more consistent and observant of the rules applicable internationally with regard to business relationships, but one peculiar issue is still the marker of this country’s recent history: acquiring ownership in private real estate property requires a specific standard of diligence and sometimes it is not possible to completely rule out all risks related to the ownership title.

One of the fundamental elements of the EU integration process, with a high impact on all the other interest areas of the "acquis communautaire" regarding the "Internal Market" refers to the implementation of an efficient and credible system of public procurement. As time has proved, the previous system, as regulated by GEO no. 60/2001, was deficient as to the effective development of the procedure, as well as to the efficient challenge of the legal acts issued within the framework of this procedure and appreciated as unlawful by certain participants.

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Many times in commercial practice, the payment obligations of the beneficiary of goods or services supplied by a business operator are not fulfilled because of either negligence or the trader’s failure to carry out business smoothly, or because of some payment obligations pledged that cannot be eventually met.

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