The Legal 500

Tuca Zbarcea & Asociatii

4-8 SOSEAUA NICOLAE TITULESCU, AMERICA HOUSE, WEST WING, 8TH FLOOR, SECTOR 1, 011141 BUCHAREST, ROMANIA
Tel:
Work +40 21 204 88 90
Fax:
Fax +40 21 204 88 99
Web:
www.tuca.ro
Email:
Cluj Napoca, Bucharest

Ţuca Zbârcea & Asociaţii Publishes the first Case Law Directory on EU-Funded Projects in Romania

April 2013. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii’s Structural Funds Department has contributed to the release of more than 1,000 pages containing the inspection authorities’ Notices of Findings on the application of financial corrections in the structural fund projects implemented by local administrative authorities over the last four years. Along with the Institute for Public Policies (IPP) and the Romanian Association of Municipalities, Ţuca Zbârcea & Asociaţii has issued, for the first time in Romania, a systematic case law directory on local and county authorities’ management/control of EU funds.

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Ţuca Zbârcea & Asociaţii Appoints New Tax Partner

April 2013. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Tax advisory firm Ţuca Zbârcea & Asociaţii Tax, the youngest specialist division of Ţuca Zbârcea & Asociaţii, has announced the expansion of its management team with the promotion of Alin Chitu to Tax Partner. He has more than nine years of professional experience with Big4 companies such as Deloitte and KPMG. Along with Alexandru Cristea, Alin Chitu will be coordinating all tax procedural matters of the affiliated tax consultancy firm, while working closely with the firm’s contentious administrative practice group and lawyers specialising in tax disputes.

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Ţuca Zbârcea & Asociaţii Obtains a Landmark Decision from the High Court of Cassation and Justice

March 2013. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii acted for Eureko SAFPP SA in challenging the decision of the Romanian Competition Council regarding a EUR 70,000 fine for an alleged cartel on the mandatory private pension funds market. A team of highly experienced pleading and competition lawyers from Ţuca Zbârcea & Asociaţii represented Eureko SAFPP SA in its final appeal before the Supreme Court in the case of the private pension fund administrators v. the Romanian Competition Council.

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Romanian Independent Law Firm Promotes Five Lawyers

January 2013. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii has made five internal promotions in a bid to further strengthen some of the firm’s key areas of practice, such as Dispute Resolution, Intellectual Property and Environmental Law.

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The Lawyer: A Romanian Lawyer Becomes the First European Managing Partner of the Year

October 2012. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Florentin Ţuca, founding partner of Ţuca Zbârcea & Asociaţii has triumphed at last week's awards ceremony held by The Lawyer in Monte Carlo. He became the first Romanian lawyer to be named European Managing Partner of the Year. The citation singled out "his tireless and inspiring leadership" (The Lawyer).

At the annual ceremony hosted by The Lawyer magazine in Monaco, 88 independent and international law firms competed for 19 trophies. The honours recognise those law firms that have demonstrated outstanding operational excellence in the course of the past year, as well as law firm partners with impressive management and leadership skills.

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Financial Times: Ţuca Zbârcea & Asociaţii, Third Most Innovative Law Firm in Continental Europe

October 2012. Press Releases by Tuca Zbarcea & Asociatii (view listing).

During the annual FT Innovative Lawyers Awards gala, which took place in London at the end of last week, the Financial Times newspaper launched the 2012 edition of its Innovative Lawyers report, in the presence of more than 400 lawyers and in-house counsels from law firms and leading companies across Europe.

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Ţuca Zbârcea & Asociaţii Launches Third Edition of Employment Guidebook

October 2012. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii today launched the 2012 edition of the Employment Guidebook, a reference tool providing valuable information on the applicable labour and employment regulations in Romania.

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Ţuca Zbârcea & Asociaţii Obtains Irrevocable Ruling in EUR 11 Million Public Procurement Dispute

September 2012. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii acted for Passavant Roediger GmbH in challenging the award of a EUR 11 million works contract for the rehabilitation of Roman treatment plant located in the north-western part of Romania.

In an irrevocable decision obtained by Ţuca Zbârcea & Asociaţii, the Bacău Court of Appeal approved the complaint filed by Passavant Roediger GmbH challenging the award of a works contract as part of a public procurement procedure conducted by a public water supply and sewerage company, Compania Judeţeană Apa Serv Neamţ SA.

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The Lawyer European Awards: Ţuca Zbârcea & Asociaţii in the Running for Two Honours

August 2012. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii, the leading Romanian independent law, has made the shortlist for The Lawyer European Awards. This year’s event sees 88 independent and international law firms competing for 19 trophies. Ţuca Zbârcea & Asociaţii has picked up two nominations for the “Law Firm of the Year: Romania” and the “European Managing Partner of the Year” awards, the winners of which will be announced at the annual ceremony hosted by The Lawyer magazine, the market-leading media brand for commercial lawyers and in-house counsel.

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Ţuca Zbârcea & Asociaţii Advises on Loan Facility Agreements Worth EUR 115 Million in Past 5 Mont

August 2012. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii’s financing work in H1/2012 outstripped the level reached in the same period of last year. Recently concluded loan facility agreements were secured for Olympus Diary, Carrefour Property, Espe Energia and Transelectrica. The firm’s finance team has successfully concluded loan facility agreements worth EUR 115 million in the past five months. It also took the lead role in advising on several complex restructuring projects of existing loan facilities, especially in the area of real estate.

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Romanian Independent Law Firm Represents a Local Municipality on 20-Year Concession Agreement

July 2012. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii acted for Iaşi Municipality which entered into a concession agreement covering heat generation, transport, distribution and supply services in the city of Iaşi. The concession agreement between Iaşi Municipality and French company Dalkia was signed on July 6, after approximately four months of intense negotiations. Ţuca Zbârcea & Asociaţii took the lead role for Iaşi Municipality with a team comprising lawyers specialized in PPP, concession and public procurement led by Şerban Pâslaru (Partner) and Vlad Cercel (Managing Associate).

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Ţuca Zbârcea & Asociaţii Secures Discontinuance Order in Complex Competition Case

June 2012. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii advised ING Continental Europe Holding BV on the Romanian Competition Council’s investigation into the private pension fund market which began in 2007.

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Ţuca Zbârcea & Asociaţii Tax, a New Player on the Romanian Tax Advisory Services Market

April 2012. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Leading local independent law firm Ţuca Zbârcea & Asociaţii expanded its current practice in tax advisory services by launching a tax consultancy division, a separate legal entity to the law firm, combining lawyers, tax advisors and former Ministry of Public Finance’s experts. Ţuca Zbârcea & Asociaţii Tax SRL specialises in providing tax advisory services and operates as an affiliate of Ţuca Zbârcea & Asociaţii law firm.

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Romanian Independent Law Firm Makes Round of Promotions

December 2011. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii made ten internal promotions as part of the firm's annual performance review taking place in November. These comprise seven Managing Associates and three Senior Associates, effective from January 1st, 2012. The firm also announced the letting of an additional 917 sqm of office area, expanding its headquarters in Bucharest to support the firm’s future growth plans. 

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Romanian Independent Law Firm Launches a Blog Following Romania's Adoption of a New Civil Code

November 2011. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii has launched the www.noulcodcivil.ro blog, as an answer to the challenges facing legal practitioners in interpreting and applying the provisions of the New Civil Code. The move is part of a wider range of similar initiatives taken by the independent Romanian law firm, with the aim of familiarizing practitioners with the new legal framework that is part of the reform of Romania’s judiciary system, which also comprises the adoption of a New Civil Procedure Code, New Criminal Code and New Criminal Procedure Code.

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Romanian independent law firm advised Erste Bank Group AG on reaching an agreement worth half a bill

September 2011. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii’s lawyers have been advising Erste Bank for the past months on reaching an agreement in principle with four of the bank’s five minority shareholders regarding the takeover of a 24.12% stake in Romania’s largest commercial bank, Banca Comercială Română (BCR).

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Romanian Independent Law Firm Teams Up with Freshfields to Defend Romania before ICSID in Washington

June 2011. Press Releases by Tuca Zbarcea & Asociatii (view listing).

The consortium consisting of law firms Ţuca Zbârcea & Asociaţii and Freshfields Bruckhaus Deringer has won AVAS’s bid selection procedure and will represent Romania in arbitration case no. ARB/10/22 before the International Center for Settlement of Investment Disputes (ICSID).

In April, the Authority for State Assets Recovery (AVAS) initiated a bid selection for Romania’s legal representation in the latest arbitration case brought by a foreign investor before the ICSID in Washington.

The request for arbitration registered with the ICSID on November 19, 2010, was filed by the Turkish businessmen Ömer Dede and Serdar Elhüseyni, further to the alleged failure by the Romanian authorities to comply with the privatization agreement regarding SC IMUM SA Medgidia.

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Ţuca Zbârcea & Asociaţii – EUR 5 million win for the Property Fund

June 2011. Press Releases by Tuca Zbarcea & Asociatii (view listing).

The High Court of Cassation and Justice has awarded the Property Fund the right to collect 15% of the dividends of SNGN Romgaz Mediaş S.A. for 2005, when the fund became a shareholder in the gas company.

On June 7, the High Court of Cassation and Justice granted the final appeal of the Property Fund, represented by Ţuca Zbârcea & Asociaţii, ordering SNGN Romgaz Mediaş to pay the fund RON 18,510,458 worth of dividends, corresponding to the 2005 net profit distribution. Legal interest, calculated as of 2007, will be added to the principal debt.

Ţuca Zbârcea & Asociaţii’s legal team was coordinated by partners Robert Roşu and Ioana Hrisafi-Josan.

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Romanian Companies Invited to Invest Heavily in the Republic of Moldova

June 2011. Press Releases by Tuca Zbarcea & Asociatii (view listing).

The law firms Ţuca Zbârcea & Asociaţii and Turcan Cazac held the conference “Romanian Investments in the Republic of Moldova – Challenges and Perspectives” at the Intercontinental Hotel in Bucharest on Thursday, June 2, 2011. The event was organized in cooperation with the consulting and audit company Grant Thornton and with the support of Finmedia.

In attendance were Romanian and Moldovan businesspeople along with officials from the two States, representatives of employers’ organizations, banks, investment funds, law firms, consulting companies and other interested parties.

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Romanian Independent Law Firm Makes Up Six New Partners in Robust Promotions Round

December 2010. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii has promoted 11 lawyers to various roles, as part of the firm’s annual performance review taking place in November.

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Independent Romanian law firm featured in the FT Innovative Lawyers Report

November 2010. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii has remained the sole Eastern European independent law firm included in this year’s “Financial Times` Innovative Lawyers – FT Law 50” report. 

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Ţuca Zbârcea & Asociaţii wins at The Lawyer European Awards 2010

October 2010. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii was chosen as the law firm of the year during the ceremony organized by the prestigious British publication: The Lawyer.

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Romanian law firm sets footprint in the Republic of Moldova

October 2010. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii announced that it signed a cooperation agreement with Ţurcan & Ţurcan – leader of the business law market in Chişinău (Republic of Moldova).

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Ţuca Zbârcea & Asociaţii teams up with ICC Paris to host the first events in Romania

August 2010. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii teams up with ICC International Court of Arbitration in Paris to organize the first local ICC events to be hosted in Romania. The events focus on discussing the available dispute resolution alternatives to litigation. Various ICC guests, lawyers from Ţuca Zbârcea & Asociaţii, Freshfields Bruckhaus Deringer and Dragne & Asociaţii, along with the extraordinary presence of the President of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania will be part of the speakers.

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Romanian and American Lawyers close third ICSID arbitration case for Romania

July 2010. Press Releases by Tuca Zbarcea & Asociatii (view listing).

The arbitral tribunal of the International Center for Settlement of Investment Disputes (ICSID) decided to discontinue the proceedings in the case S&T Oil Equipment and Machinery Ltd. v. Romania in which the claimant sought compensations worth more than USD 150,000,000. It is the third favorable outcome obtained by the lawyers in Ţuca Zbârcea & Asociaţii in front of ICSID, in Washington D.C.

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Law Firm of the Year

May 2010. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii scoops Chambers & Partners’ most prestigious European award of excellence - "Law Firm of the Year"

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Romanian law firm Ţuca Zbârcea & Asociaţii reveals gross revenues of 22.7 million Euros for 2009

March 2010. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii posted a significant rise in gross revenues from 18.5 million Euros in 2008 to 22.7 million Euros in 2009.

The figures do not include the income generated by its secondary office in Cluj-Napoca and neither the revenues obtained by the firm’s separate units of insolvency and intellectual property. Also, the figures do not include the amounts collected by Ţuca Zbârcea & Asociaţii on behalf of various project partners in its capacity as consortium leader, those amounts being paid to the respective partners.

According to the firm`s officials, approximately 85% from the reported gross revenues came from the private sector; the profit rate stood at a healthy 58%.

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Financial Times: Romanian law firm tops this year’s FT Continental European table on innovation

October 2009. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii is the sole Eastern European law firm included in the Financial Times` Innovative Lawyers report and takes top ranking as the most innovative Continental European law firm in 2009.

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Romanian and American lawyers win second ICSID arbitration for Romania

October 2009. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Tuca Zbarcea & Asociatii (Romania) and White & Case (US) scored a major arbitration victory before the International Center for Settlement of Investment Disputes (ICSID) within the World Bank in Washington D.C. In the proceeding between Eastern Duty Free (EDF) Services Ltd. and Romania, the arbitration tribunal fully dismissed the action and claims for compensation requested by EDF Services Ltd.

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Romania: Ţuca Zbârcea & Asociaţii boosts Banking and Finance practice with top lawyer recruitment

May 2009. Press Releases by Tuca Zbarcea & Asociatii (view listing).

As of 1st of May 2009, Mihai Dudoiu (33 years old) is Managing Associate with Ţuca Zbârcea & Asociaţii and Co-ordinator of the firm’s Banking & Finance practice group. The appointment will see Mihai Dudoiu take on strategic responsibility for further strengthening the firm’s Banking and Finance practice group.

Before joining Ţuca Zbârcea & Asociaţii, Mihai Dudoiu was Senior Associate and Co-coordinator of the Banking and International Finance Department of CMS Cameron McKenna for 3 years.

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New appointments at Ţuca Zbârcea & Asociaţii, Romania

December 2008. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Ţuca Zbârcea & Asociaţii Law Firm appointed a new partner and made other 5 internal promotions, further to the evaluations carried on at the end of November.

As of 1st of January 2009, Ţuca Zbârcea & Asociaţii will have 16 partners, further to the promotion of Şerban Pâslaru as a partner in the firm. The firm made another five internal promotions, as follows: Vlad Cercel became a managing associate, while Mihaela Ivan, Oana Zancu, Oana Cornescu and Răzvan Mircea are now senior associates.

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Tuca Zbarcea & Asociatii from Romania ranked 3rd in the Financial Times’ Continental European Firm

October 2008. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Tuca Zbarcea & Asociatii from Romania has received the highest score in the 2008 Financial Times’ rankings of Continental European law firms. The firm scored a total of 275 points and was ranked 3rd in the Continental European Firms featured in this year’s Financial Times Innovative Lawyers report.

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Ţuca Zbârcea & Asociaţii wins the Romanian Law Firm of the Year Award

March 2008. Press Releases by Tuca Zbarcea & Asociatii (view listing).

For the second year in a row, Ţuca Zbârcea & Asociaţii has been recognized as the leading law firm in Romania. An independent panel of judges consisting of top representatives of the Romanian business community chose Ţuca Zbârcea & Asociaţii as the winner in the Law Firm of the Year category from a list of 8 international and local law firms.

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Five New Partners for Tuca Zbarcea & Asociatii, Bucharest, Romania

January 2008. Press Releases by Tuca Zbarcea & Asociatii (view listing).

Bucharest, Romania - New appointments at law firm Tuca Zbarcea & Asociatii have brought the total number of partners to 15

Tuca Zbarcea & Asociatii announced today that Ioana Hrisafi, Levana Zigmund, Raluca Vasilache (Tiparu), Cristina Metea and Oana Ureche have been promoted to partnership. The appointments became effective on the 1st of January 2008.

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buca & Asociacii step to the front of the stage of the Romanian legal services market with

January 2006. Press Releases by Tuca Zbarcea & Asociatii (view listing).

From the beginning of January, 2006, Gabriel Zb�rcea is Managing Partner together with Florentin Ţuca, one of the firm's founders. Gabriel will play a key role in the development of the firm's business strategy, as well as being responsible for the creation of a powerful brand identity. Previously, Gabriel and Florentin worked together for 10 years in a well-known Romanian law firm.

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Legal Developments by:
Tuca Zbarcea & Asociatii

  • How can the Romanian Constitution be revised

    Although its stability over time represents the essence of the Romanian Constitution (the “Constitution”) and of any constitution, such fundamental law within the Romanian legal system should at the same time, at any moment, represent both a frame of reference for the Romanian social, political and economical life and a reflection of such. Given the accelerated changes within the society, in order for the Constitution to be brought in line with the overall social, political and economical evolution and perspectives, a procedure for its revision and also the limitations in what regards the possibility for the Constitution to be revised are established by this fundamental law itself. .
    - Tuca Zbarcea & Asociatii

Legal Developments in Romania

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Romania: Wind of change on the Romanian renewable energy market - part II

    In the Legal Insights edition of 18 March 2013, we presented the potential changes to the Romanian renewable energy scheme, resulting from an unofficial working draft Government Emergency Ordinance (GEO) circulated on the market. This Tuesday (2 April 2013), a draft Government Emergency Ordinance on the amendment of Law no. 220/2008 was officially published on the website of the Ministry of Economy. The public is invited to submit comment within the next 30 days, to the e-mail address dezbateri_publice@minind.ro .
  • Romania: Wind of change on the Romanian renewable energy market

    Romania seems to be one of the most attractive CEE jurisdictions for renewable energy investments, due to the generous support scheme which generated increasing enthusiasm over the past few years. Implemented in 2005, the support scheme for renewable energy (RES) consisting of tradable green certificates (GCs) combined with mandatory acquisition quotas was improved in 2008 and subsequently in 2010, but was only applicable as of mid-2011, upon state aid clearance from the European Commission (EC).
  • How can the Romanian Constitution be revised

    Although its stability over time represents the essence of the Romanian Constitution (the “Constitution”) and of any constitution, such fundamental law within the Romanian legal system should at the same time, at any moment, represent both a frame of reference for the Romanian social, political and economical life and a reflection of such. Given the accelerated changes within the society, in order for the Constitution to be brought in line with the overall social, political and economical evolution and perspectives, a procedure for its revision and also the limitations in what regards the possibility for the Constitution to be revised are established by this fundamental law itself. .
  • Romania: New financial and fiscal legislative amendments

    Government emergency ordinance no. 8/2013 for the amendment and supplementation of Law no. 571/2003 regarding the Fiscal Code and the regulation of certain financial and fiscal measures (published in the Official Gazette no. 54/23.01.2013) enters into force starting from 1 February 2013. GEO 8 introduces a number of important amendments and supplementa-tions in the fiscal legislation. We shall further present some of the amendments related to di-rect taxation, respectively to social insurance.
  • COMMITMENTS PROCEDURE IN ANTITRUST CASES BEFORE THE ROMANIAN COMPETITION COUNCIL

    1. Background The Romanian Competition Law no. 21/1996 (the " Law ") has been adopted and amended on various occasions so that it reflects the evolution of the competition law provisions in the EU. On 6 July 2010 the Law has been substantially amended, introducing among other institutions the commitments procedure for anticompetitive practices. Previously, the commitments were available only in merger cases under the form of remedies. The commitments procedure has been detailed in RCC guidelines issued in December 2010 (the " Guidelines "), which have been amended at the end of year 2012.
  • Romania: Proposed new OTC trading arrange-ments for electricity

    Friday (11 January 2013), the Romanian energy market regulator (ANRE) published on its website for public consultation a proposal for a procedure and regulation on OTC electricity trading (the "Proposal"). ANRE has invited stakeholders to submit their comments by 21 January 2013.
  • VAT challenges in 2012; there’s plenty to come

    If the Romanian taxation system were under any sign, it would surely not have been Libra this year. Hence, the unbalanced practice of abrupt or disputed changes to the tax legislation persisted in disregarding the principles set forth in art. 4 of the Romanian Fiscal Code, whereby (i) the code is to be amended solely based on a law, (ii) the amending law must be advocated for, as a rule, six months prior to its entry into force, and (iii) any amendment to the code will enter into force starting the 1st of January following the year it was adopted.
  • The new 2012 Arbitration Rules of the Court of International Commercial Arbitration Court

    Authors: Luminita Popa, Partner Musat & Asociatii, Iulian Popescu, Partner Musat & Asociatii
  • Termination of Distribution Agreements in Romania

    The absence of a contract regulating the duration and termination of a distribution relationship does not necessarily entitle a party to abruptly terminate the agreement without facing financial exposure to the other party. In particular, a reasonable notice period should be given to allow the other party to adapt its business operations.
  • Guarantees under the New Civil Code

    After the New Civil Code entered into force on October 1, 2011, significant amendments were brought to the legal framework regulating the guarantees’ field, either by effective legislative changes to the existing institutions or by introduction of new types of guarantees. The New Civil Code also changed the terminology in the field (e.g. “mortgage” designates both securities over real estate and movable assets, while “pledge” is now referring only to a security interest with dispossession).