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Țuca Zbârcea & Asociații
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EU Court of Justice ruling: The confiscation of sums which were not declared to the customs authorities at the Romanian border is contrary to EU law Tuca Zbarcea & Asociatii obtained a request for a preliminary ruling by the European Court of Justice in front of the Ilfov Tribunal regarding the interpretation of Article No. 9 para. (1) of Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community. Tuca Zbarcea & Asociatii obtained a request for a preliminary ruling by the European Court of Justice in front of the Ilfov Tribunal regarding the interpretation of Article No. 9 para. (1) of Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community. On the 19th of December 2019, the European Court made a decision in Case C-679/19 ruling that: "Articles 63 and 65 TFUE must be interpreted as precluding national legislation which, in order to sanction the omission to declare important sums of money when entering or leaving this state, provides for, in addition to applying an administrative fine, the confiscation of the undeclared sum exceeding EUR 10,000 in the benefit of the state". The national provisions which were submitted for analysis to the European Court are found in Government Decision No. 707 of the 7th of June 2006 for approving the Regulation for the application of Romania's Customs Code. According to Article No. 653 para. (1) letter i) of this Decision, the persons crossing the Romanian border who fail to fulfil their obligation provided for by Article 3 from Regulation (EC) No 1889/2005 consisting of declaring in writing to the customs agency the cash in foreign or national currency equal or greater than the limit established by this Regulation, which they carry on them, or in means of transportation, or in attended or unattended luggage, as well as in packages, constitutes a contravention and is subject to a fine between LEI 3,000 and 8,000 (approx. EUR 633-1,685). This provision specifies that the undeclared cash which exceeds the limit established by Regulation (EC) No 1889/2005 is confiscated. The effect of the Court's Ordinance is that the national legislation found to lack conformity is removed from application. It is clear that in the future the authorities can no longer issue minutes for finding and sanctioning contraventions which contain the complementary penalty of confiscating the sums exceeding EUR 10,000 which have not been declared at the customs. Also, the judgement given by the EU court will also take effect in pending cases consisting of a complaint against the decisions given for the application of the above-mentioned national provisions. Regarding the administrative acts who have been analysed by the judiciary prior to the Court's Ordinance, it is difficult to ascertain if they could be subject to an administrative or court revision as remedies for breaching EU law. The administrative revision is not a concept known to national law - with the exception of re-checking in fiscal matters -, although EU case law surmises that the principle of cooperation which results from the Treaty mandates that an administrative authority petitioned with such a request must, in certain conditions, re-examine a definitive administrative decision to account for the interpretation of the relevant provision that has been given by the EU Court of Justice. Starting with the decision given in Case C-453/00 (Kuhne & Heitz NV vs. Produktschap voor Pluimvee en Eieren) the evolving case law of the EU Court has given nuance to the conditions for reopening administrative procedures in so far as to consider that these conditions should not prohibit the administrative revision when the measure imposed by the administrative act is manifestly contrary to EU Law (Case C-249/11 Hristo Byankov vs. Glaven sekretar na Ministerstvo na vatreshnite raboti). In another case C-2/06 (Willy Kempter KG vs Hauptzollamt Hamburg-Jonas) the Court ruled that EU law does not impose the condition that re-examining an administrative decision is to be preceded by invoking this right in front of the court of last instance which ruled on the appeal against the administrative decision whose re-examination is requested, and does not provide for a time limit for filing such a claim for re-examining a final administrative decision. Revising court judgements for breaching the priority of EU law, although provided for nationally by Article No. 21 of Law No. 554/2004 of the administrative dispute, seems to be inaccessible if the party has exceeded the one-month term from the communication of the decision to be revised. The revision procedure was recently analysed from the perspective of the equivalence and effectivity principles in Case C-676/17, Oana Madalina Calin vs. Directia Regionala a Finantelor Publice Ploiesti - Administratia Judeteana a Finantelor Publice Dambovita. The EU Court of Justice ruled that the one month term fulfills the requirements for conformity. Also, at paragraphs 39-41 of the decision, the Court held that the equivalence principle must be analysed by the domestic courts and that the EU Court cannot rule on the lack of an appeal procedure similar to that provided for by Article No. 509 para. (1) pt. 11 of the Romanian Civil Procedure Code in the case of a Constitutional Court's decision through which a relevant national provision has been found to be unconstitutional. In other words, the one-month term is applicable in the case of EU Court of Justice decisions which are prior to the ruling in a case through the decision pending revision. In the case of EU Court of Justice decisions given after a final decision has been given in the case, the national court most admit, in light of the principle of equivalence, the revision of final domestic decisions and apply EU law with priority. Moreover, the EU Court of Justice mentions at paragraph 41 of this previously analysed decision that the "aforementioned court maintains the possibility to present a new request for a preliminary ruling when it can provide the Court all the elements which allow it to give a ruling on upholding the principle of equivalence". To conclude, in principle, it should be possible to undergo an administrative revision procedure, or a judicial revision procedure for court decisions given prior to the EU Court of Justice's Ordinance in Case C - 679/19 based on Article No. 509 of the Romanian Civil Procedure Code interpreted according to the principle of equivalence which provides that national rules and procedures which apply to the rights given to the parties according to national law should also apply to the rights resulting from EU law. The legal team from Tuca Zbarcea & Asociatii involved in this matter comprised Robert Rosu (Partner), Manuela Gornoviceanu (Managing Associate) and Alexandru Gogoneata (Associate).
January 15, 2020
EU Court of Justice ruling: The confiscation of sums which were not declared to the customs authorities at the Romanian border is contrary to EU law
Țuca Zbârcea & Asociații obtained a request for a preliminary ruling by the European Court of Justice in front of the Ilfov Tribunal regarding the interpretation of Article No. 9 para. (1) of Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community. [+]

Țuca Zbârcea & Asociații obtained a request for a preliminary ruling by the European Court of Justice in front of the Ilfov Tribunal regarding the interpretation of Article No. 9 para. (1) of Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community.

On the 19th of December 2019, the European Court made a decision in Case C-679/19 ruling that: "Articles 63 and 65 TFUE must be interpreted as precluding national legislation which, in order to sanction the omission to declare important sums of money when entering or leaving this state, provides for, in addition to applying an administrative fine, the confiscation of the undeclared sum exceeding EUR 10,000 in the benefit of the state".

The national provisions which were submitted for analysis to the European Court are found in Government Decision No. 707 of the 7th of June 2006 for approving the Regulation for the application of Romania's Customs Code.

According to Article No. 653 para. (1) letter i) of this Decision, the persons crossing the Romanian border who fail to fulfil their obligation provided for by Article 3 from Regulation (EC) No 1889/2005 consisting of declaring in writing to the customs agency the cash in foreign or national currency equal or greater than the limit established by this Regulation, which they carry on them, or in means of transportation, or in attended or unattended luggage, as well as in packages, constitutes a contravention and is subject to a fine between LEI 3,000 and 8,000 (approx. EUR 633-1,685). This provision specifies that the undeclared cash which exceeds the limit established by Regulation (EC) No 1889/2005 is confiscated.

The effect of the Court's Ordinance is that the national legislation found to lack conformity is removed from application.

It is clear that in the future the authorities can no longer issue minutes for finding and sanctioning contraventions which contain the complementary penalty of confiscating the sums exceeding EUR 10,000 which have not been declared at the customs.

Also, the judgement given by the EU court will also take effect in pending cases consisting of a complaint against the decisions given for the application of the above-mentioned national provisions.

Regarding the administrative acts who have been analysed by the judiciary prior to the Court's Ordinance, it is difficult to ascertain if they could be subject to an administrative or court revision as remedies for breaching EU law.

The administrative revision is not a concept known to national law - with the exception of re-checking in fiscal matters -, although EU case law surmises that the principle of cooperation which results from the Treaty mandates that an administrative authority petitioned with such a request must, in certain conditions, re-examine a definitive administrative decision to account for the interpretation of the relevant provision that has been given by the EU Court of Justice.

Starting with the decision given in Case C-453/00 (Kuhne & Heitz NV vs. Produktschap voor Pluimvee en Eieren) the evolving case law of the EU Court has given nuance to the conditions for reopening administrative procedures in so far as to consider that these conditions should not prohibit the administrative revision when the measure imposed by the administrative act is manifestly contrary to EU Law (Case C-249/11 Hristo Byankov vs. Glaven sekretar na Ministerstvo na vatreshnite raboti).

In another case C-2/06 (Willy Kempter KG vs Hauptzollamt Hamburg-Jonas) the Court ruled that EU law does not impose the condition that re-examining an administrative decision is to be preceded by invoking this right in front of the court of last instance which ruled on the appeal against the administrative decision whose re-examination is requested, and does not provide for a time limit for filing such a claim for re-examining a final administrative decision.

Revising court judgements for breaching the priority of EU law, although provided for nationally by Article No. 21 of Law No. 554/2004 of the administrative dispute, seems to be inaccessible if the party has exceeded the one-month term from the communication of the decision to be revised.

The revision procedure was recently analysed from the perspective of the equivalence and effectivity principles in Case C-676/17, Oana Mădălina Călin vs. Direcția Regională a Finanțelor Publice Ploiești - Administrația Județeană a Finanțelor Publice Dambovița. The EU Court of Justice ruled that the one month term fulfills the requirements for conformity.

Also, at paragraphs 39-41 of the decision, the Court held that the equivalence principle must be analysed by the domestic courts and that the EU Court cannot rule on the lack of an appeal procedure similar to that provided for by Article No. 509 para. (1) pt. 11 of the Romanian Civil Procedure Code in the case of a Constitutional Court's decision through which a relevant national provision has been found to be unconstitutional.

In other words, the one-month term is applicable in the case of EU Court of Justice decisions which are prior to the ruling in a case through the decision pending revision. In the case of EU Court of Justice decisions given after a final decision has been given in the case, the national court most admit, in light of the principle of equivalence, the revision of final domestic decisions and apply EU law with priority.

Moreover, the EU Court of Justice mentions at paragraph 41 of this previously analysed decision that the "aforementioned court maintains the possibility to present a new request for a preliminary ruling when it can provide the Court all the elements which allow it to give a ruling on upholding the principle of equivalence".

To conclude, in principle, it should be possible to undergo an administrative revision procedure, or a judicial revision procedure for court decisions given prior to the EU Court of Justice's Ordinance in Case C - 679/19 based on Article No. 509 of the Romanian Civil Procedure Code interpreted according to the principle of equivalence which provides that national rules and procedures which apply to the rights given to the parties according to national law should also apply to the rights resulting from EU law.

The legal team from Țuca Zbârcea & Asociații involved in this matter comprised Robert Roșu (Partner), Manuela Gornoviceanu (Managing Associate) and Alexandru Gogoneață (Associate).

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Țuca Zbarcea & Asociații joins forces with Trident Capital Investments Țuca Zbarcea & Asociații joins forces with Trident Capital Investments, a specialist investment bank and advisory company founded by Liviu Giugiumica, one of Romania's most seasoned investment bankers, in a bid to offer integrated services of legal/tax and financial advisory for clients running various investment projects. As such, existing and prospective clients will benefit from a full package of advisory services for the implementation of investment projects, including the sale of shares in companies founded by Romanian entrepreneurs. Țuca Zbarcea & Asociații joins forces with Trident Capital Investments, a specialist investment bank and advisory company founded by Liviu Giugiumica, one of Romania's most seasoned investment bankers. Romanian law firm Țuca Zbarcea & Asociații announced today an exclusive partnership with Trident Capital Investments, an investment banking and corporate finance company, in a bid to offer integrated services of legal/tax and financial advisory for clients running various investment projects. Țuca Zbarcea & Asociații law firm and Liviu Giugiumica, a highly reputed and experienced investment banker, will provide integrated strategic advisory services by successfully blending legal assistance and tax consultancy with specific advice on mergers & acquisitions, equity and debt capital markets, investment advisory and tailor-made research, adapted to the development cycle achieved by the respective investments. As such, existing and prospective clients will benefit from a full package of advisory services for the implementation of investment projects, including the sale of shares in companies founded by Romanian entrepreneurs. "Basically, in addition to the legal and tax advisory provided by our law firm and its dedicated tax arm, an entrepreneur looking to further develop its operations may be supported so as to identify and attract suitable investors into the business, based on financial data reports and professional market studies. Our clients will receive dedicated consultancy services in both equity and debt capital markets areas and well-rounded advice in the context of acquisitions and sales, as well as in relation to strategic local and cross-border alliances. Such a unique approach facilitates our clients' access to different external sources of finance and opportunities for their business to grow and expand, thanks to the alliance with the company led by Liviu Giugiumica who has unrestricted access to the main private equity funds and investment banks from world's leading financial centers. In fact, our teams have recently joined forces to advise the founders of Global Technical Group in relation to the sale of a majority shareholding to Abris Capital Partners, with Trident Capital Investments acting as financial advisor and our law firm acting as legal advisor on the deal", said Gabriel Zbarcea, Managing Partner of Țuca Zbarcea & Asociații. "Our formal cooperation with Țuca Zbarcea & Asociații, one of the most prestigious law firms in Romania, merely formalises a partnership formed as a result of joint projects, whereas the synergy between us was empirically proven. The Romanian economic structure and market have undergone significant changes during the past years. Some industries have developed, and Romanian entrepreneurs have matured, which sets a solid ground for and, at the same time, leads to a growing demand of specialised services such as those provided by our firms, whether in mergers & acquisitions or capital markets", added Liviu Giugiumica, Managing Partner of Trident Capital Investments. Trident Capital Investments is a specialist investment bank and advisory company founded in 2011 by Liviu Giugiumica, a top investment banker with a career spanning more than 22 years in financial markets and proven track record in the origination, structuring and execution of Mergers & Acquisitions, Capital Markets, Structured Products, Investment Advisory and Investor Relations Advisory mandates. From 2006 to 2011 he was CEO of UniCredit CAIB Securities, and Head of Capital Markets in Romania for UniCredit Markets and between 2002 and 2006 he was CEO of BRD Societe Generale Securities. Throughout his career Liviu was involved in many landmark deals in the European Emerging Markets universe.
December 12, 2019
Țuca Zbarcea & Asociații joins forces with Trident Capital Investments

Țuca Zbarcea & Asociații joins forces with Trident Capital Investments, a specialist investment bank and advisory company founded by Liviu Giugiumica, one of Romania's most seasoned investment bankers, in a bid to offer integrated services of legal/tax and financial advisory for clients running various investment projects. As such, existing and prospective clients will benefit from a full package of advisory services for the implementation of investment projects, including the sale of shares in companies founded by Romanian entrepreneurs. [+]

Țuca Zbarcea & Asociații joins forces with Trident Capital Investments, a specialist investment bank and advisory company founded by Liviu Giugiumica, one of Romania's most seasoned investment bankers.

Romanian law firm Țuca Zbarcea & Asociații announced today an exclusive partnership with Trident Capital Investments, an investment banking and corporate finance company, in a bid to offer integrated services of legal/tax and financial advisory for clients running various investment projects.

Țuca Zbarcea & Asociații law firm and Liviu Giugiumica, a highly reputed and experienced investment banker, will provide integrated strategic advisory services by successfully blending legal assistance and tax consultancy with specific advice on mergers & acquisitions, equity and debt capital markets, investment advisory and tailor-made research, adapted to the development cycle achieved by the respective investments. As such, existing and prospective clients will benefit from a full package of advisory services for the implementation of investment projects, including the sale of shares in companies founded by Romanian entrepreneurs.   

Gabriel_Zbarcea"Basically, in addition to the legal and tax advisory provided by our law firm and its dedicated tax arm, an entrepreneur looking to further develop its operations may be supported so as to identify and attract suitable investors into the business, based on financial data reports and professional market studies. Our clients will receive dedicated consultancy services in both equity and debt capital markets areas and well-rounded advice in the context of acquisitions and sales, as well as in relation to strategic local and cross-border alliances. Such a unique approach facilitates our clients' access to different external sources of finance and opportunities for their business to grow and expand, thanks to the alliance with the company led by Liviu Giugiumica who has unrestricted access to the main private equity funds and investment banks from world's leading financial centers. In fact, our teams have recently joined forces to advise the founders of Global Technical Group in relation to the sale of a majority shareholding to Abris Capital Partners, with Trident Capital Investments acting as financial advisor and our law firm acting as legal advisor on the deal", said Gabriel Zbarcea, Managing Partner of Țuca Zbarcea & Asociații.

Liviu_Giugiumica"Our formal cooperation with Țuca Zbarcea & Asociații, one of the most prestigious law firms in Romania, merely formalises a partnership formed as a result of joint projects, whereas the synergy between us was empirically proven. The Romanian economic structure and market have undergone significant changes during the past years. Some industries have developed, and Romanian entrepreneurs have matured, which sets a solid ground for and, at the same time, leads to a growing demand of specialised services such as those provided by our firms, whether in mergers & acquisitions or capital markets", added Liviu Giugiumica, Managing Partner of Trident Capital Investments. 

Trident Capital Investments is a specialist investment bank and advisory company founded in 2011 by Liviu Giugiumica, a top investment banker with a career spanning more than 22 years in financial markets and proven track record in the origination, structuring and execution of Mergers & Acquisitions, Capital Markets, Structured Products, Investment Advisory and Investor Relations Advisory mandates. From 2006 to 2011 he was CEO of UniCredit CAIB Securities, and Head of Capital Markets in Romania for UniCredit Markets and between 2002 and 2006 he was CEO of BRD Societe Generale Securities. Throughout his career Liviu was involved in many landmark deals in the European Emerging Markets universe.

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Țuca Zbarcea & Asociații Names New Partners Țuca Zbarcea & Asociații has added two Partners to its ranks while five other lawyers were promoted to various roles, as part of the firm's annual performance review taking place in November. The firm made up Dan Cristea and Ciprian Timofte to Partners, thus bringing the total number of Partners to 29. The appointments are effective from January 1st, 2020. Țuca Zbarcea & Asociații has added two Partners to its ranks while five other lawyers were promoted to various roles, as part of the firm's annual performance review taking place in November. The firm made up Dan Cristea and Ciprian Timofte to Partners, thus bringing the total number of Partners to 29. The appointments are effective from January 1st, 2020. Dan Cristea is a dispute resolution lawyer with 13 years of expertise, having been directly involved in or having coordinated complex litigation files in various areas of law, such as public procurement, contentious-administrative, corporate/commercial law or sports law. He has championed the firm's public speaking programs designed for law students or C-level executives in public and private companies, aspiring to lay the foundations for a successful speech or simply enhance their public speaking skills. Ciprian Timofte specialises in corporate/commercial law, as well as mergers & acquisitions and has a legal career which spans 13 years. He heads Țuca Zbarcea & Asociații's data protection practice group and, in recent years, he has led complex data privacy projects in all relevant industries, impressing the firm's clients with his pragmatic yet innovative approach when needed. The firm also announced that five other lawyers were promoted to Managing Associate and Senior Associate roles, in a bid to further strengthen the firm's practice in mergers & acquisitions, real estate, litigation and international arbitration, intellectual property and environmental law. The new Managing Associates are Veronica Aman, Cornelia Tăbirță and Dana Blaer, while Robert Trăilescu and Elena Carabineanu became Senior Associates. This year's promotions reflect our ongoing commitment to recognise and reward the talent and the outstanding professional achievements of our lawyers. These promotions are a well-deserved accomplishment and I am positive all seven lawyers will remain devoted on delivering the same level of client service and legal prowess in the years ahead, said Florentin Țuca, Managing Partner of Țuca Zbarcea & Asociații. Notes to Editors: Dan Cristea, 34 years, is a Litigation Partner at Țuca Zbarcea & Asociații. He concentrates his practice on commercial and contentious-administrative disputes and has achieved a wealth of experience in handling complex public procurement litigation. In the commercial area, his focus includes both corporate disputes (annulment of GMS decisions, company withdrawals, shareholder litigation) as well as contractual disagreements. In administrative matters, he has been involved in many litigation cases regarding deeds issued by public authorities in tax, energy, urban planning or environmental law. In public procurement, Dan Cristea has briefed and argued in dozens of high-stakes cases regarding the award of tender contracts exceeding tens of millions of Euros and has struck down public procurement law provisions before the Constitutional Court of Romania. He is also passionate about sports law, where his practice received a distinction granted by the Romanian Society for Legal Sciences for remarkable contributions in 2018. Dan Cristea is a past winner of the World Universities Debating Championship/ English-as-a-Second Language (Dublin, 2009) and has been listed by Forbes Romania in its 30 under 30 list. Ciprian Timofte, 37 years, is a Partner in Țuca Zbarcea & Asociații's corporate/commercial and mergers & acquisitions practice groups. He has built up extensive expertise in conducting cross-border and domestic mergers and other corporate reorganizations, as well as in structuring and negotiating complex acquisition deals. Over the past years, Ciprian has gained invaluable knowledge as regards personal data protection issues, advising renowned Romanian and international companies active in diverse industries such as: telecommunications, banking and financial services, medical services, healthcare and pharmaceuticals, insurance, IT, e-commerce etc. Ciprian is a regular speaker to various events focusing on data privacy/GDPR (including events hosted by the Romanian Supervisory Authority for Personal Data Processing). In addition, he has been actively involved in various regulatory initiatives concerning data protection, by providing valuable input with regard to data privacy projects laws or regulatory guides. Ciprian Timofte is a regular speaker and writer on topics related to data privacy and other legal matters to various publications, including dataprivacyblog.tuca.ro (Țuca Zbarcea & Asociații's blog regarding personal data protection and privacy). In November 2019, he won a Rising Star Romania Award during Euromoney Legal Media Group's Europe Rising Stars Awards.
December 5, 2019
Țuca Zbarcea & Asociații Names New Partners

Țuca Zbarcea & Asociații has added two Partners to its ranks while five other lawyers were promoted to various roles, as part of the firm's annual performance review taking place in November. The firm made up Dan Cristea and Ciprian Timofte to Partners, thus bringing the total number of Partners to 29. The appointments are effective from January 1st, 2020. [+]

Țuca Zbarcea & Asociații has added two Partners to its ranks while five other lawyers were promoted to various roles, as part of the firm's annual performance review taking place in November. The firm made up Dan Cristea and Ciprian Timofte to Partners, thus bringing the total number of Partners to 29. The appointments are effective from January 1st, 2020.

Dan Cristea is a dispute resolution lawyer with 13 years of expertise, having been directly involved in or having coordinated complex litigation files in various areas of law, such as public procurement, contentious-administrative, corporate/commercial law or sports law. He has championed the firm's public speaking programs designed for law students or C-level executives in public and private companies, aspiring to lay the foundations for a successful speech or simply enhance their public speaking skills.

Ciprian Timofte specialises in corporate/commercial law, as well as mergers & acquisitions and has a legal career which spans 13 years. He heads Țuca Zbarcea & Asociații's data protection practice group and, in recent years, he has led complex data privacy projects in all relevant industries, impressing the firm's clients with his pragmatic yet innovative approach when needed. 

The firm also announced that five other lawyers were promoted to Managing Associate and Senior Associate roles, in a bid to further strengthen the firm's practice in mergers & acquisitions, real estate, litigation and international arbitration, intellectual property and environmental law. The new Managing Associates are Veronica Aman, Cornelia Tăbirță and Dana Blaer, while Robert Trăilescu and Elena Carabineanu became Senior Associates.

This year's promotions reflect our ongoing commitment to recognise and reward the talent and the outstanding professional achievements of our lawyers. These promotions are a well-deserved accomplishment and I am positive all seven lawyers will remain devoted on delivering the same level of client service and legal prowess in the years ahead, said Florentin Țuca, Managing Partner of Țuca Zbarcea & Asociații.

Notes to Editors:
Dan_CristeaDan Cristea, 34 years, is a Litigation Partner at Țuca Zbarcea & Asociații. He concentrates his practice on commercial and contentious-administrative disputes and has achieved a wealth of experience in handling complex public procurement litigation. In the commercial area, his focus includes both corporate disputes (annulment of GMS decisions, company withdrawals, shareholder litigation) as well as contractual disagreements. In administrative matters, he has been involved in many litigation cases regarding deeds issued by public authorities in tax, energy, urban planning or environmental law. In public procurement, Dan Cristea has briefed and argued in dozens of high-stakes cases regarding the award of tender contracts exceeding tens of millions of Euros and has struck down public procurement law provisions before the Constitutional Court of Romania. He is also passionate about sports law, where his practice received a distinction granted by the Romanian Society for Legal Sciences for remarkable contributions in 2018. Dan Cristea is a past winner of the World Universities Debating Championship/ English-as-a-Second Language (Dublin, 2009) and has been listed by Forbes Romania in its 30 under 30 list.

Ciprian_TimofteCiprian Timofte, 37 years, is a Partner in Țuca Zbarcea & Asociații's corporate/commercial and mergers & acquisitions practice groups. He has built up extensive expertise in conducting cross-border and domestic mergers and other corporate reorganizations, as well as in structuring and negotiating complex acquisition deals. Over the past years, Ciprian has gained invaluable knowledge as regards personal data protection issues, advising renowned Romanian and international companies active in diverse industries such as: telecommunications, banking and financial services, medical services, healthcare and pharmaceuticals, insurance, IT, e-commerce etc. Ciprian is a regular speaker to various events focusing on data privacy/GDPR (including events hosted by the Romanian Supervisory Authority for Personal Data Processing). In addition, he has been actively involved in various regulatory initiatives concerning data protection, by providing valuable input with regard to data privacy projects laws or regulatory guides. Ciprian Timofte is a regular speaker and writer on topics related to data privacy and other legal matters to various publications, including dataprivacyblog.tuca.ro (Țuca Zbarcea & Asociații's blog regarding personal data protection and privacy). In November 2019, he won a Rising Star Romania Award during Euromoney Legal Media Group's Europe Rising Stars Awards.

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Lawyer from Țuca Zbarcea & Asociații wins Euromoney Europe Rising Stars Award for Romania Ciprian Timofte, Managing Associate at Țuca Zbarcea & Asociații won a Rising Star award for Romania during the inaugural Europe Rising Stars Awards ceremony held in London on 7 November. The awards celebrate the achievements from the last 12 months of lawyers under the age of 40 from across Europe. Also, similar distinctions were handed out in 20 practice areas. Ciprian Timofte, Managing Associate at Țuca Zbarcea & Asociații won a Rising Star award for Romania during the inaugural Europe Rising Stars Awards ceremony held in London on 7 November. Euromoney Legal Media Group held its first Europe Rising Stars Awards in a ceremony which gathered dozens of private practice lawyers from independent and international law firms as well as in-house lawyers from leading companies. The awards celebrate the achievements from the last 12 months of lawyers under the age of 40 from across Europe. Also, similar distinctions were handed out in 20 practice areas. Ciprian Timofte, Managing Associate at Țuca Zbarcea & Asociații has been recognised as Rising Star for Romania further to his contribution to the firm's data privacy, mergers and acquisitions, as well as capital markets practice groups. Over the past few years, Ciprian has gained invaluable knowledge as regards personal data protection issues, advising renowned Romanian and international companies active in diverse industries such as: telecommunications, banking and financial services, medical services, healthcare and pharmaceuticals, insurance, IT, e-commerce etc. Ciprian is a regular speaker to various events focusing on data privacy/GDPR (including events hosted by the Romanian Supervisory Authority for Personal Data Processing) and a regular contributor of articles to various publications, including dataprivacyblog.tuca.ro (Țuca Zbarcea & Asociații's blog regarding personal data protection and privacy). The Rising Star Romania Award adds to his other recognitions received over time in the field of personal data protection, mergers and acquisitions, as well as the capital markets. "I'm very proud and honored to be among the winners of the 2019 Euromoney Europe Rising Stars in its inaugural edition. I had pleasant conversations with most of the shortlisted lawyers and I was glad to find that we share similar ideals, values, and similar concerns. I really felt the vibration and energy of the new generation of lawyers, already true leaders of the profession and, without a doubt, "tomorrow makers". As for the award, although it is an individual distinction, I sincerely believe that it represents the fruit of a perfect synergy between passion and dedication, on the one hand, and an environment of professional and human excellence in which I have the opportunity to work, on the other hand.", Ciprian said. Euromoney Legal Media Group, a division of Euromoney Institutional Investor, comprises a wide range of legal publications, including IFLR 1000, Managing Intellectual Property, Benchmark Litigation, International Tax Review. A full list of winners is available here: https://bit.ly/34Wm0l7
November 13, 2019
Lawyer from Țuca Zbarcea & Asociații wins Euromoney Europe Rising Stars Award for Romania
Ciprian Timofte, Managing Associate at Țuca Zbarcea & Asociații won a Rising Star award for Romania during the inaugural Europe Rising Stars Awards ceremony held in London on 7 November. The awards celebrate the achievements from the last 12 months of lawyers under the age of 40 from across Europe. Also, similar distinctions were handed out in 20 practice areas.
[+]

Ciprian Timofte, Managing Associate at Țuca Zbarcea & Asociații won a Rising Star award for Romania during the inaugural Europe Rising Stars Awards ceremony held in London on 7 November.

Euromoney Legal Media Group held its first Europe Rising Stars Awards in a ceremony which gathered dozens of private practice lawyers from independent and international law firms as well as in-house lawyers from leading companies. The awards celebrate the achievements from the last 12 months of lawyers under the age of 40 from across Europe. Also, similar distinctions were handed out in 20 practice areas.

Ciprian Timofte, Managing Associate at Țuca Zbarcea & Asociații has been recognised as Rising Star for Romania further to his contribution to the firm's data privacy, mergers and acquisitions, as well as capital markets practice groups. Over the past few years, Ciprian has gained invaluable knowledge as regards personal data protection issues, advising renowned Romanian and international companies active in diverse industries such as: telecommunications, banking and financial services, medical services, healthcare and pharmaceuticals, insurance, IT, e-commerce etc. Ciprian is a regular speaker to various events focusing on data privacy/GDPR (including events hosted by the Romanian Supervisory Authority for Personal Data Processing) and a regular contributor of articles to various publications, including dataprivacyblog.tuca.ro (Țuca Zbarcea & Asociații's  blog regarding personal data protection and privacy). The Rising Star Romania Award adds to his other recognitions received over time in the field of personal data protection, mergers and acquisitions, as well as the capital markets.

Ciprian_Timofte_Rising_Star_Romania"I'm very proud and honored to be among the winners of the 2019 Euromoney Europe Rising Stars in its inaugural edition. I had pleasant conversations with most of the shortlisted lawyers and I was glad to find that we share similar ideals, values, and similar concerns. I really felt the vibration and energy of the new generation of lawyers, already true leaders of the profession and, without a doubt, "tomorrow makers". As for the award, although it is an individual distinction, I sincerely believe that it represents the fruit of a perfect synergy between passion and dedication, on the one hand, and an environment of professional and human excellence in which I have the opportunity to work, on the other hand.", Ciprian said.

Euromoney Legal Media Group, a division of Euromoney Institutional Investor, comprises a wide range of legal publications, including IFLR 1000, Managing Intellectual Property, Benchmark Litigation, International Tax Review.

A full list of winners is available here: https://bit.ly/34Wm0l7

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TAX + LEGAL CONFERENCE & WORKSHOPS: THE BUSINESS IMPACT OF LEGISLATIVE AND FISCAL CHANGES, ed. I The impact of the latest regulatory changes shaping the legal and the fiscal world will be discussed during an event hosted by Tuca Zbarcea & Asociatii law firm and its tax arm – Tuca Zbarcea & Asociatii Tax, organised with support from Ziarul Financiar. Confirmed speakers include Romania’s President of the National Agency for Fiscal Administration, Mrs. Mirela Calugareanu, Raiffeisen Bank’s Chief Economist, Mr. Ionut Dumitru. Also, in a local first, Mrs. Maricla Pennesi, European Tax Coordinator of Andersen and Head of Tax Italy – Andersen Tax & Legal, Italy will join the Bucharest event. The impact of the latest regulatory changes shaping the legal and the fiscal world will be discussed during an event hosted by Tuca Zbarcea & Asociatii law firm and its tax arm – Tuca Zbarcea & Asociatii Tax, organised with support from Ziarul Financiar. Confirmed speakers include Romania’s President of the National Agency for Fiscal Administration, Mrs. Mirela Calugareanu, Raiffeisen Bank’s Chief Economist, Mr. Ionut Dumitru. Also, in a local first, Mrs. Maricla Pennesi, European Tax Coordinator of Andersen and Head of Tax Italy – Andersen Tax & Legal, Italy will join the Bucharest event. TAX + LEGAL CONFERENCE & WORKSHOPS: THE BUSINESS IMPACT OF LEGISLATIVE AND FISCAL CHANGES, ed. I is held at JW Marriott Hotel in Bucharest, on Wednesday, 2 October, from 9:30 to 13:30 and is intended to approach the hottest topics of the day in taxation and law, the long-term opportunities and challenges in these areas and the international trends with a business impact on Romania. Main conference topics: A perspective on the present and future of tax administration and its interaction with taxpayers; Trends on the European market of tax and legal consulting. Andersen Global in an international context; Salient macroeconomic features of Romania; Romania’s key strengths in attracting investors; Ups and downs of the Romanian tax system. The reality of today and future prospects. The main conference is followed by two parallel Tax and Legal Workshops focusing on the following topics: Developments in international taxation and their consequences on national law; Transfer prices: local trends in a global context; Novelties in EC laws on VAT; Controversies regarding the suspension of contentious-administrative deeds; Risks incurred by private companies from a criminal law perspective; GDPR – Myths and prophecies. TAX + LEGAL CONFERENCE & WORKSHOPS: THE BUSINESS IMPACT OF LEGISLATIVE AND FISCAL CHANGES, ed. I is one of a series of similar events using a multidisciplinary approach to tackle the hottest topics with an impact on the business environment that Tuca Zbarcea & Asociatii and its tax arm – Tuca Zbarcea & Asociatii Tax is organising. NOTE: This is an invitation-only event, addressed to C-level executives and top management from local and multinational companies, such as Chief Executive Officers, Chief Financial Officers and General Counsels. This is a free event, but participation must be confirmed in advance by the organisers. Please refer to http://evenimente.zf.ro/eveniment-tax-legal-conference-workshops-impactul-schimbarilor-legislative-si-fiscale-in-business-ed.-i--18397540/agenda-18404769 for further details regarding the agenda.
September 19, 2019
TAX + LEGAL CONFERENCE & WORKSHOPS: THE BUSINESS IMPACT OF LEGISLATIVE AND FISCAL CHANGES, ed. I
The impact of the latest regulatory changes shaping the legal and the fiscal world will be discussed during an event hosted by Țuca Zbârcea & Asociații law firm and its tax arm – Țuca Zbârcea & Asociații Tax, organised with support from Ziarul Financiar. Confirmed speakers include Romania’s President of the National Agency for Fiscal Administration, Mrs. Mirela Călugăreanu, Raiffeisen Bank’s Chief Economist, Mr. Ionuț Dumitru. Also, in a local first, Mrs. Maricla Pennesi, European Tax Coordinator of Andersen and Head of Tax Italy – Andersen Tax & Legal, Italy will join the Bucharest event. [+]

Tax and Legal Conference & Workshops 2019_TZA_Andersen_EN_1The impact of the latest regulatory changes shaping the legal and the fiscal world will be discussed during an event hosted by Țuca Zbârcea & Asociații law firm and its tax arm – Țuca Zbârcea & Asociații Tax, organised with support from Ziarul Financiar. Confirmed speakers include Romania’s President of the National Agency for Fiscal Administration, Mrs. Mirela Călugăreanu, Raiffeisen Bank’s Chief Economist, Mr. Ionuț Dumitru. Also, in a local first, Mrs. Maricla Pennesi, European Tax Coordinator of Andersen and Head of Tax Italy – Andersen Tax & Legal, Italy will join the Bucharest event.

TAX + LEGAL CONFERENCE & WORKSHOPS: THE BUSINESS IMPACT OF LEGISLATIVE AND FISCAL CHANGES, ed. I is held at JW Marriott Hotel in Bucharest, on Wednesday, 2 October, from 9:30 to 13:30 and is intended to approach the hottest topics of the day in taxation and law, the long-term opportunities and challenges in these areas and the international trends with a business impact on Romania.

Main conference topics: A perspective on the present and future of tax administration and its interaction with taxpayers; Trends on the European market of tax and legal consulting. Andersen Global in an international context; Salient macroeconomic features of Romania; Romania’s key strengths in attracting investors; Ups and downs of the Romanian tax system. The reality of today and future prospects.

The main conference is followed by two parallel Tax and Legal Workshops focusing on the following topics: Developments in international taxation and their consequences on national law; Transfer prices: local trends in a global context; Novelties in EC laws on VAT; Controversies regarding the suspension of contentious-administrative deeds; Risks incurred by private companies from a criminal law perspective; GDPR – Myths and prophecies.

TAX + LEGAL CONFERENCE & WORKSHOPS: THE BUSINESS IMPACT OF LEGISLATIVE AND FISCAL CHANGES, ed. I is one of a series of similar events using a multidisciplinary approach to tackle the hottest topics with an impact on the business environment that Țuca Zbârcea & Asociații and its tax arm – Țuca Zbârcea & Asociații Tax is organising.

NOTE: This is an invitation-only event, addressed to C-level executives and top management from local and multinational companies, such as Chief Executive Officers, Chief Financial Officers and General Counsels. This is a free event, but participation must be confirmed in advance by the organisers. Please refer to http://evenimente.zf.ro/eveniment-tax-legal-conference-workshops-impactul-schimbarilor-legislative-si-fiscale-in-business-ed.-i--18397540/agenda-18404769 for further details regarding the agenda.

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Tuca Zbarcea & Asociatii advised Global Technical Group on selling a majority interest to Abris Capital Partners Global Technical Group, the leading end-to-end solution provider for building management in Romania, has agreed to sell its majority stake to Abris Capital Partners. Tuca Zbarcea & Asociatii offered legal assistance on corporate and commercial, M&A, competition law, intellectual property and IT, banking law, taxation, labour law, as well as during the negotiation of conditions for the conclusion of this transaction. Global Technical Group, the leading end-to-end solution provider for building management in Romania, has agreed to sell its majority stake to Abris Capital Partners. Tuca Zbarcea & Asociatii advised Global Technical Group on a transaction by which the group of companies founded by Fadi Rida and Mihai Stanescu have successfully attracted a private equity fund manager, supported by renowned international investors, by transferring a majority stake to Abris Capital Partners. The firm offered legal assistance on corporate and commercial, M&A, competition law, intellectual property and IT, banking law, taxation, labour law, as well as during the negotiation of conditions for the conclusion of this transaction. The team of lawyers was led by Sorin Vladescu, Partner and Marius Barladeanu, Managing Associate at Tuca Zbarcea & Asociatii, with further support provided by lawyers with extensive expertise in different areas of law, among which Nisa Jecu, Managing Associate; Andreea Oprisan, Managing Associate; Raluca Sanucean, Managing Associate; Serban Paslaru, Partner; Bogdan Halcu, Managing Associate and Nicoleta Tudor, Associate. "We are delighted with the success of this project, during which we had the opportunity to work with two visionary entrepreneurs dedicated to the development of their own team and regional expansion plans, as well as the desire to offer the highest quality services and solutions. Certainly the experience and expertise of each of our lawyers from Tuca Zbarcea & Asociatii was a solid argument of us being retained as lead counsel of the Global Technical Group and at the same time a basis on which we could build a wide and complex legal structure, suited for a mergers and acquisitions type of project", said Marius Barladeanu, Managing Associate of Tuca Zbarcea & Asociatii. Following the investment from Abris Capital Partners, Global Technical Group will focus on the regional development of its unique software platforms, expanding them into new industries and markets, as well as continuing business growth by leveraging the group’s deep engineering expertise in design, installation, maintenance and operations.
July 24, 2019
Țuca Zbârcea & Asociații advised Global Technical Group on selling a majority interest to Abris Capital Partners
Global Technical Group, the leading end-to-end solution provider for building management in Romania, has agreed to sell its majority stake to Abris Capital Partners. Țuca Zbârcea & Asociații offered legal assistance on corporate and commercial, M&A, competition law, intellectual property and IT, banking law, taxation, labour law, as well as during the negotiation of conditions for the conclusion of this transaction. [+]

Global Technical Group, the leading end-to-end solution provider for building management in Romania, has agreed to sell its majority stake to Abris Capital Partners.

Țuca Zbârcea & Asociații advised Global Technical Group on a transaction by which the group of companies founded by Fadi Rida and Mihai Stănescu have successfully attracted a private equity fund manager, supported by renowned international investors, by transferring a majority stake to Abris Capital Partners.

The firm offered legal assistance on corporate and commercial, M&A, competition law, intellectual property and IT, banking law, taxation, labour law, as well as during the negotiation of conditions for the conclusion of this transaction. The team of lawyers was led by Sorin Vlădescu, Partner and Marius Bârlădeanu, Managing Associate at Țuca Zbârcea & Asociații, with further support provided by lawyers with extensive expertise in different areas of law, among which Nisa Jecu, Managing Associate; Andreea Oprișan, Managing Associate; Raluca Sănucean, Managing Associate; Șerban Pâslaru, Partner; Bogdan Halcu, Managing Associate and Nicoleta Tudor, Associate.

"We are delighted with the success of this project, during which we had the opportunity to work with two visionary entrepreneurs dedicated to the development of their own team and regional expansion plans, as well as the desire to offer the highest quality services and solutions. Certainly the experience and expertise of each of our lawyers from Țuca Zbârcea & Asociații was a solid argument of us being retained as lead counsel of the Global Technical Group and at the same time a basis on which we could build a wide and complex legal structure, suited for a mergers and acquisitions type of project", said Marius Bârlădeanu, Managing Associate of Țuca Zbârcea & Asociații.

Following the investment from Abris Capital Partners, Global Technical Group will focus on the regional development of its unique software platforms, expanding them into new industries and markets, as well as continuing business growth by leveraging the group’s deep engineering expertise in design, installation, maintenance and operations.

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Customs seizures of amounts in excess of EUR 10,000, under CJEU scrutiny A potential CJEU judgment on the non-compliance of national law with EU law, which is in fact predictable taking into account prior CJEU case law, will determine the national courts to declare unenforceable the criticized legislation and to cancel any effects thereof. According to the Romanian legal provisions, cash in excess of EUR 10,000 which is not declared before the customs authorities is seized in full and permanently. A potential CJEU judgment on the non-compliance of national law with EU law, which is in fact predictable taking into account prior CJEU case law, will determine the national courts to declare unenforceable the criticized legislation and to cancel any effects thereof. Tuca Zbarcea & Asociatii have obtained a referral to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the interpretation of Article 9(1) of Regulation (EC) No. 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community. The legal team consists of Robert Rosu (Partner), Manuela Gornoviceanu (Managing Associate) and Alexandru Gogoneata (Associate). The CJEU will decide if the relevant provisions of the Regulation preclude the Romanian legal provisions according to which cash in excess of EUR 10,000 which is not declared before the customs authorities is seized in full and permanently. The CJEU will also check the compliance of national law with EU law which provides, as misdemeanour penalty, for the seizure of the entire undeclared amount in the absence of any prior or subsequent verification of the provenance or intended use of the cash, and independently of the provenance or intended use thereof.
July 11, 2019
Customs seizures of amounts in excess of EUR 10,000, under CJEU scrutiny
A potential CJEU judgment on the non-compliance of national law with EU law, which is in fact predictable taking into account prior CJEU case law, will determine the national courts to declare unenforceable the criticized legislation and to cancel any effects thereof. According to the Romanian legal provisions, cash in excess of EUR 10,000 which is not declared before the customs authorities is seized in full and permanently.
[+]

A potential CJEU judgment on the non-compliance of national law with EU law, which is in fact predictable taking into account prior CJEU case law, will determine the national courts to declare unenforceable the criticized legislation and to cancel any effects thereof.

Țuca Zbârcea & Asociații have obtained a referral to the Court of Justice of the European Union (CJEU) for a preliminary ruling on the interpretation of Article 9(1) of Regulation (EC) No. 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community.

The legal team consists of Robert Roșu (Partner), Manuela Gornoviceanu (Managing Associate) and Alexandru Gogoneață (Associate).

The CJEU will decide if the relevant provisions of the Regulation preclude the Romanian legal provisions according to which cash in excess of EUR 10,000 which is not declared before the customs authorities is seized in full and permanently.

The CJEU will also check the compliance of national law with EU law which provides, as misdemeanour penalty, for the seizure of the entire undeclared amount in the absence of any prior or subsequent verification of the provenance or intended use of the cash, and independently of the provenance or intended use thereof.

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Tuca Zbarcea & Asociatii successfully defends Vodafone Romania in a litigation with Romania’s consumer protection authority Tuca Zbarcea & Asociatii acted for Vodafone Romania in an important litigation with the National Authority for Consumer Protection. Basically, thanks to the decision rendered by the Bucharest Court of Appeal on July 5th, 2019, Vodafone Romania obtained the suspension of the Order No. 166/02.05.2019 of the President of the National Authority for Consumer Protection (until a judgement on the merits of the case is rendered) by which Vodafone Romania was sanctioned for increasing the cost of its services/ ongoing subscriptions. Tuca Zbarcea & Asociatii acted for Vodafone Romania in an important litigation with the National Authority for Consumer Protection. Basically, thanks to the decision rendered by the Bucharest Court of Appeal on July 5th, 2019, Vodafone Romania obtained the suspension of the Order No. 166/02.05.2019 of the President of the National Authority for Consumer Protection (until a judgement on the merits of the case is rendered) by which Vodafone Romania was sanctioned for increasing the cost of its services/ ongoing subscriptions. Stefan Damian, Deputy Managing Partner (leader of the team), Ionut Serban, Partner (litigation) and Anca Jurcovan, managing associate (competition law) were part of the team from Tuca Zbarcea & Asociatii which successfully defended Vodafone Romania in this litigation.
July 8, 2019
Țuca Zbârcea & Asociații successfully defends Vodafone Romania in a litigation with Romania’s consumer protection authority

Țuca Zbârcea & Asociații acted for Vodafone Romania in an important litigation with the National Authority for Consumer Protection.

Basically, thanks to the decision rendered by the Bucharest Court of Appeal on July 5th, 2019, Vodafone Romania obtained the suspension of the Order No. 166/02.05.2019 of the President of the National Authority for Consumer Protection (until a judgement on the merits of the case is rendered) by which Vodafone Romania was sanctioned for increasing the cost of its services/ ongoing subscriptions. [+]

Țuca Zbârcea & Asociații acted for Vodafone Romania in an important litigation with the National Authority for Consumer Protection.

Basically, thanks to the decision rendered by the Bucharest Court of Appeal on July 5th, 2019, Vodafone Romania obtained the suspension of the Order No. 166/02.05.2019 of the President of the National Authority for Consumer Protection (until a judgement on the merits of the case is rendered) by which Vodafone Romania was sanctioned for increasing the cost of its services/ ongoing subscriptions.

Ștefan Damian, Deputy Managing Partner (leader of the team), Ionuț Șerban, Partner (litigation) and Anca Jurcovan, managing associate (competition law) were part of the team from Țuca Zbârcea & Asociații which successfully defended Vodafone Romania in this litigation.

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