Commercial & Civil Disputes
The lawyers in Ţuca Zbârcea & Asociaţii have unrivalled experience in the practice of commercial and civil litigation, representing businesses, financial institutions, as well as individuals at all levels of the local jurisdictions system in a broad range of complex cases, including civil, commercial, and corporate issues, joint ventures and related business disputes, intellectual property (including patent, trademark, copyright, trade secret and unfair competition cases), banking and finance, insurance, labour, real estate. We have also dealt with a significant number of enforcements of domestic and foreign judgments and arbitral awards.
We employ a tough-minded, business-oriented approach to the assessment and conduct of litigation cases on behalf of our clients and have enjoyed great success in achieving favourable results that meet the business goals and objectives of our clients.
Our Services
representation in court cases involving injuries to reputation, including media defamation, as well as family law cases, such as divorce, child custody, and division of spouses’ property.
disputes arising in virtually every industry and from every type of commercial agreement, including insurance, lender liability and banking-related issues, energy, product liability, privatisation procedures and privatisation agreements.
challenges brought by shareholders, corporate creditors or interested third parties against corporate resolutions or registrations made with the trade registry, on issues such as annual financial situations and distribution of dividends, appointment of company executives; litigation concerned with the protection of minority shareholders’ rights or of the company against abusive actions by minority shareholders.
disputes concerning employment discrimination, wrongful discharge, labour-management disputes, restructurings, claims against unions and employers etc.
assistance during enforcement procedures and in proceedings for the recognition and enforcement of foreign court judgments and arbitral awards.
assisting and representing clients before courts and regulatory authorities on a full range of matters related to IP rights protection: trademark litigation (including counterfeit), industrial models and patents litigation, litigation related to the collection of the mandatory legal compensation by collective management associations for copyrights.
extensive experience in a variety of complex disputes concerning ownership right over real property, including an extensive expertise on the recovery of property abusively seized by the former communist regime and expropriations.
contract negotiations and endorsement opportunities, including representation in contract disputes and other sports law related litigation, domestic and international arbitration.
Client Highlights
An important electricity distribution company: successful representation in a series of complex commercial disputes amounting to EUR 50,000,000, including debt recovery enforcement proceedings and a EUR 7,000,000 claim for damages allegedly caused by the interruption of power supply to a meat-processing plant.
A well-known Romanian steel industry operator: representation in a claim against a major electricity producer for damages of approximately EUR 32,000,000 deriving from the application of force majeure clause in an electricity supply agreement.
An energy services company that produces thermal and electrical energy through cogeneration: successful representation in a EUR 4,000,000 claim for damages suffered by our client due to the other party’s improper performance of its obligations arising from a contract of maintenance of cogeneration equipment.
A natural gas distribution company: representation in a RON 20,000,000 claim for damages related to the failure to perform/ improper performance of a natural gas sale and purchase agreement.
The local subsidiary of a well-known Italian company producing heating components: representation in a EUR 11,500,000 dispute on the termination of a technical gas supply contract due to non-fulfilment of contractual obligations by the supplier.
A sanitation services company: representation in a dispute against 16 town municipalities concerning the termination of an agreement for the assignment of public sanitation services and the payment of indemnifications of approximately EUR 7,500,000.
A real estate developer: representation in several disputes against a local authority in relation to the client’s obligation to sell a building valued at EUR 26,000,000.
A city municipality: successful representation in a case for the annulment of a 50-year term joint venture agreement for the administration of a tourist attraction site (a peasant fortress).
One of the largest GSM retailers in Romania: representation in a complex dispute against one of the largest mobile operators on the Romanian market regarding issues in the regulatory framework on permanent commercial agents. The final judgment awarded our client a compensation of EUR 5,000,000.
A meat-processing company: obtaining in urgent procedure a court injunction seizing a shipping container with products imported by our client from a non-EU country. Shortly thereafter, the court lifted the seizure and authorised our client to sell the highly perishable products. The case was a first with the Romanian courts.
Representation in several capital markets cases, including a EUR 1,000,000 dispute concerning the transfer of shares, as well as a dispute concerning the re-authorisation and reorganisation of the Rasdaq market.
A television station: representation in a complex commercial dispute concerning a USD 5,000,000 claim resulting from the cancellation by another station of the contract granting our client rights to broadcast football matches of the Romanian Football League 1.
An insurance company: assisting the insurer in a EUR 5,000,000 damage litigation initiated against the insured party, an airport services company accused of damaging a private aircraft during performance of handling services.
A major GSM retailer in Romania, a major business software development company and a life insurance management company: assistance and representation in disputes worth over EUR 2,000,000 resulting from unfair competition.
A ride-sharing company: successful representation in several cases initiated by taxi companies and drivers seeking to obtain an interdiction against the allegedly unfair commercial practice of ride-sharing services delivered in three Romanian cities via an online platform.
An electricity distribution company: successful representation in a EUR 24,000,000 case against minority shareholders for the cancellation of general meeting of shareholders’ decisions regarding the distribution of profits.
An Austrian bank, shareholder of a large Romanian bank: successful representation in two disputes against minority shareholders of the Romanian bank concerning the alleged obligation deriving for our client from the privatisation agreement to list the Romanian bank on the Bucharest Stock Exchange.
Legal assistance provided to an important bank in more than 20 disputes arising from the suspension of voting rights derived from the shares held in an investment fund.
A group of steel companies: legal assistance and representation in disputes initiated by a shareholder against several decisions of the general meeting on grounds such as the alleged infringement of the rights and special requirements concerning minority shareholders provided for by the capital market regulations.
A civil engineering company: assistance and representation in complex commercial disputes with a value of more than EUR 4,000,000, as well as in shareholders disputes, including negotiations between the company's shareholders.
A financial and real estate investment fund: challenges against various general meeting of shareholders’ decisions concerning, among others, the approval of annual financial situations, distribution of dividends, appointment of company executives.
A claim seeking to oblige the majority shareholders of a well-known company to pay more than EUR 5,500,000 in damages deriving from an abuse of majority position.
Representation in a civil law dispute exceeding USD 88,000,000 initiated by a Romanian Governmental body against the heirs of a former majority shareholder in one of the largest oil refineries in Romania.
Municipality of a major city in Romania: representation in several civil and criminal law disputes with an aggregate value of approximately EUR 17,000,000 concerning two contracts for the concession of land.
A renowned politician together with well-known Romanian writers: successful representation in several disputes concerning acts of defamation by the media and discriminatory conduct.
A multinational retail corporation: representation in a civil case (derived from a criminal case) where the court had to determine the legal regime applicable to the land on which the most famous Bucharest shopping centre is located.
An important producer of medicines: representation in complex disputes concerning real estate claims, nullity of land sale-purchase agreements and various Land Book registrations.
Major mining company: representation in several complex disputes concerning various requests for cancellation/suspension of urban planning certificates issued in connection with the largest gold and silver exploration and exploitation project.
Manufacturer of pipes: representation in a property claim concerning a 200,000 sqm plot of land located in Bucharest.
Several individual clients: successful representation in property claims concerning real estate properties valued in excess of EUR 30,000,000.
Real estate developer: representation in a complex property dispute against the National Bank of Romania concerning a plot of land valued at approximately EUR 3,000,000.
A major oil company: assistance and representation in disputes concerning the client’s obligation to conclude sales-purchase contracts for about 100 dwellings.
Numerous multinational companies operating in various industries (retail, insurance, telecommunications, energy, pharma, banking): representation in labour disputes concerned with disciplinary dismissals, collective and individual dismissals taken in the context of business restructuring programmes, as well as salary/bonus claims.
Banking, telecommunications and transport companies, as well as several food manufacturers and distributors, a renowned cigarette manufacturer and a hydroelectricity producer: representation in labour disputes initiated by trade union organisations, including on matters concerning the trade union’s representativity and the company-level collective agreements, as well as in a labour dispute concerning the annulment of the strike initiated by several trade unions.
A major steel company: legal assistance and representation in more than 50 labour law disputes arising from the termination of individual employment contracts due to expiry and in more than 300 employee-initiated disputes concerning the limited duration of employment contracts.
Several banking institutions: assistance in negotiations regarding the termination of contracts for various executive positions in the local and central structures of such banks, including two vice-presidents.
A manufacturer of pipes: a dispute concerning the dismissal of an employee who had become medically unfit for the performance of the activities required by his position.
A group of telecommunications companies: assistance and representation in more than 70 challenges against the companies’ labour-related decisions, monetary claims arising from individual employment contracts, as well as actions seeking to establish the existence of employment relations with several companies in the group in the absence of written contracts.
A renowned French car tyre manufacturer, a steel industry manufacturer, a telecommunications company, a railway infrastructure manufacturer and a technology provider, integrated project management and IT solutions for the oil and gas industry: assistance and representation concerned with the companies’/employees’ liability for the existing health and safety conditions. Representation in several labour disputes (and related criminal procedures) arising from accidents at work, including where employees of several companies worked on a joint project site.
A renowned Romanian software producer: representation in a dispute concerning copyright infringement and trade secret protection in connection with the sale of computer applications containing multiple computer programs, databases, and a software architecture.
A bank affiliated with a renowned Austrian banking group: representation in a dispute initiated by an ARM software supplier regarding an alleged infringement of its rights over certain embedded software applications.
Legal assistance and representation in a dispute against a major publishing house for copyright infringement in connection with the works of the philosopher N. Steinhardt, as well as assisting a major advertising company in a complex dispute concerning copyright violation of the rights of a number of well-known Romanian actors.
Several passenger road transport companies and a ride-sharing services company, as well as the organiser of two major music festivals: representation in disputes concerning claims for payment of compulsory legal compensation by collective management organisations for the use of phonograms and protected musical works during the transport of passengers/festivals.
A sports federation: legal assistance in the procedure for registration of the client’s trademarks, filing oppositions, as well as assistance on strategy in arbitration regarding two disputes concerned with the name and history of two renowned Romanian football clubs.
A renowned cigarette manufacturer: representation in a damage claim in connection with the production and marketing of massive quantities of counterfeit cigarettes.
Several companies in the food industry: legal assistance and representation in disputes concerning trademark registration and forfeiture.
Two major industrial producers: disputes for the annulment of patents issued in connection with several technical products used by the clients in their production process, as well as the approximately EUR 2,000,000 related damages claim.
Pharma companies: representation in a dispute over the annulment of a patent on a compound of a drug for lowering cholesterol in the blood; representation in a dispute concerning the annulment of the client’s trademark and a dispute over the infringement of the trademark by producing and selling medicines.
Users of a protected geographical indication: assistance to clients affected by various smuggling and counterfeiting issues and representation before criminal investigation bodies and judicial courts with a view to initiating criminal proceedings and obtaining compensations from the persons who placed counterfeit products on the Romanian market.
A multinational company operating a hypermarket: representation in a dispute concerning the infringement of rights related to an unregistered Community design and cessation of the sale of products.
A sports federation: successful assistance and representation in several court cases concerning the requests to annul decisions adopted by the federation’s executive bodies, including the suspension and annulment the decision to appoint a new president. Further representation in two complex disputes against a famous sports club and in criminal and civil law appeal procedures concerning approximately EUR 300,000,000 in damages incurred by a renowned football club, a former affiliate member of the federation, as well as by several entities connected to this club; this latter case resulted in a landmark decision in Romanian sports jurisprudence because it drew a clear distinction between disciplinary sporting sanctions applied by a sports federation, and civil law remedies.
Two football clubs: an international arbitration at the Sports Court of Arbitration following the withdrawal of the club's licence and relegation to Romania’s football’s League 2, as well as legal assistance and representation against several football clubs in connection with the transfer of several football players.