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Tuca Zbarcea & Asociatii, Legal Partner of the First Start-up Accelerator Dedicated to the Hospitality Industry in Romania Tuca Zbarcea & Asociatii is Legal Partner of the first start-up accelerator in the hospitality industry in Romania - HoReCa Business Accelerator, a short-term accelerator program providing education and mentorship, with a curriculum designed by over 20 experts, entrepreneurs and managers in the hospitality industry. The HoReCa Business Accelerator is an initiative of the Hospitality Culture Institute and, in addition to the contribution of Tuca Zbarcea & Asociatii, is supported by Banca Transilvania, Coca-Cola, Ensight and Commons. The HoReCa Business Accelerator program for start-ups innovating in the hospitality industry was launched on Thursday, March 5. The event marked the start of enrolments in this unique education and mentoring program, which will run from March to May 2020. Tuca Zbarcea & Asociatii is Legal Partner of the first start-up accelerator in the hospitality industry in Romania - HoReCa Business Accelerator, a short-term accelerator program providing education and mentorship, with a curriculum designed by over 20 experts, entrepreneurs and managers in the hospitality industry. The HoReCa Business Accelerator is an initiative of the Hospitality Culture Institute and, in addition to the contribution of Tuca Zbarcea & Asociatii, is supported by Banca Transilvania, Coca-Cola, Ensight and Commons. A team of lawyers from Tuca Zbarcea & Asociatii will hold a series of training courses focused on corporate governance and compliance rules, intellectual property and competition law. Also, advice on how to conclude a sale-purchase agreement and the use of negotiation techniques is on the menu. The team from Tuca Zbarcea & Asociatii involved in this program includes Raluca Vasilache, Partner; Andreea Oprisan, Managing Associate; Ruxandra Frangeti, Managing Associate; Razvan Gheorghiu-Testa, Partner; Dragos Apostol, Partner; Cristian Radu, Partner; Bogdan Halcu, Managing Associate. "This is very exciting, I think, to partner up with the Hospitality Culture Institute and to share our own experiences with local entrepreneurs who are at the beginning of their business journey. Over time, we have been involved in projects where we advised entrepreneurs, investors or financiers, thus gaining a profound understanding of the seller-buyer dynamics, as well as of their needs, expectations and interests in various situations. During the delivery of the courses, we will provide a realistic view on what is happening between the parties in an authentic transaction, without losing sight of any other relevant aspects concerning the management of a start-up, from the organisation and the operation, to the protection of intellectual property rights and compliance with the competition rules", pointed out Dragos Apostol, Partner at Tuca Zbarcea & Asociatii. A number of 15 start-ups will be selected to be part of the HoReCa Business Accelerator, a program open to both established companies and future talented entrepreneurs who have a sustainable business model idea and display growth potential. Applications are received from March 5 until April 5. The 15 selected start-ups will later be part of a six-week acceleration program, at the end of which, on May 29, they will have the opportunity to present their ideas to potential investors, during a Pitching Day. Other HoReCa Business Accelerator mentors and trainers include entrepreneurs Dan Isai (founder of SaladBox), Radu Savopol (founder of 5ToGo) and Gabriel Iovu (founder of Expressoft), HoReCa experts, Tinu Sebesanu (CEO of Trend Hospitality), Ray Iunius (CEO of Windswiss), Florin Itu, founder of Gourmet Entertainment and successful managers in the hospitality industry, such as Cristian Cristea, Group Training Manager City Grill. More details about the HoReCa Business Accelerator are available here: https://accelerator.hospitalityculture.ro
March 9, 2020
Țuca Zbârcea & Asociații, Legal Partner of the First Start-up Accelerator Dedicated to the Hospitality Industry in Romania

Țuca Zbârcea & Asociații is Legal Partner of the first start-up accelerator in the hospitality industry in Romania - HoReCa Business Accelerator, a short-term accelerator program providing education and mentorship, with a curriculum designed by over 20 experts, entrepreneurs and managers in the hospitality industry. The HoReCa Business Accelerator is an initiative of the Hospitality Culture Institute and, in addition to the contribution of Țuca Zbârcea & Asociații, is supported by Banca Transilvania, Coca-Cola, Ensight and Commons. [+]

The HoReCa Business Accelerator program for start-ups innovating in the hospitality industry was launched on Thursday, March 5. The event marked the start of enrolments in this unique education and mentoring program, which will run from March to May 2020.

Țuca Zbârcea & Asociații is Legal Partner of the first start-up accelerator in the hospitality industry in Romania - HoReCa Business Accelerator, a short-term accelerator program providing education and mentorship, with a curriculum designed by over 20 experts, entrepreneurs and managers in the hospitality industry. The HoReCa Business Accelerator is an initiative of the Hospitality Culture Institute and, in addition to the contribution of Țuca Zbârcea & Asociații, is supported by Banca Transilvania, Coca-Cola, Ensight and Commons.

A team of lawyers from Țuca Zbârcea & Asociații will hold a series of training courses focused on corporate governance and compliance rules, intellectual property and competition law. Also, advice on how to conclude a sale-purchase agreement and the use of negotiation techniques is on the menu. The team from Țuca Zbârcea & Asociații involved in this program includes Raluca Vasilache, Partner; Andreea Oprișan, Managing Associate; Ruxandra Frangeti, Managing Associate; Răzvan Gheorghiu-Testa, Partner; Dragoș Apostol, Partner; Cristian Radu, Partner; Bogdan Halcu, Managing Associate.

"This is very exciting, I think, to partner up with the Hospitality Culture Institute and to share our own experiences with local entrepreneurs who are at the beginning of their business journey. Over time, we have been involved in projects where we advised entrepreneurs, investors or financiers, thus gaining a profound understanding of the seller-buyer dynamics, as well as of their needs, expectations and interests in various situations. During the delivery of the courses, we will provide a realistic view on what is happening between the parties in an authentic transaction, without losing sight of any other relevant aspects concerning the management of a start-up, from the organisation and the operation, to the protection of intellectual property rights and compliance with the competition rules", pointed out Dragoș Apostol, Partner at Țuca Zbârcea & Asociații.

A number of 15 start-ups will be selected to be part of the HoReCa Business Accelerator, a program open to both established companies and future talented entrepreneurs who have a sustainable business model idea and display growth potential.

Applications are received from March 5 until April 5. The 15 selected start-ups will later be part of a six-week acceleration program, at the end of which, on May 29, they will have the opportunity to present their ideas to potential investors, during a Pitching Day.

Other HoReCa Business Accelerator mentors and trainers include entrepreneurs Dan Isai (founder of SaladBox), Radu Savopol (founder of 5ToGo) and Gabriel Iovu (founder of Expressoft), HoReCa experts, Tinu Sebeșanu (CEO of Trend Hospitality), Ray Iunius (CEO of Windswiss), Florin Itu, founder of Gourmet Entertainment and successful managers in the hospitality industry, such as Cristian Cristea, Group Training Manager City Grill.

More details about the HoReCa Business Accelerator are available here: https://accelerator.hospitalityculture.ro

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Tuca Zbarcea & Asociatii triumphs at the BR Awards Gala Tuca Zbarcea & Asociatii was named "Law Firm of the Year" at last night's BR Awards Gala powered by the English publication - Business Review. The firm was a contender for the big prize alongside four other domestic and international law firms nominated for this category. Nine companies received awards for their vision, business strategy and exceptional results obtained in 2019, while two individual awards went to prominent figures from the business and sports world. Tuca Zbarcea & Asociatii was named "Law Firm of the Year" at last night's BR Awards Gala powered by the English publication - Business Review. The firm was a contender for the big prize alongside four other domestic and international law firms nominated for this category. Nine companies received awards for their vision, business strategy and exceptional results obtained in 2019, while two individual awards went to prominent figures from the business and sports world. The "Law Firm of the Year" award was handed out by Fulga Dinu, Country Manager at Immofinanz, in recognition of the firm's achievements in 2019, be it in relation to some of the most spectacular M&A deals (including cross-border) on the market or concerning complex financing projects, or litigation & arbitration case files. Also, two other business initiatives were singled out, namely Tuca Zbarcea & Asociatii's collaboration agreement with Andersen Global in March 2019 and the partnership agreement with Trident Capital Investments. Attending the event, Raluca Vasilache, Partner and Head of the firm's Competition practice group stated: "I'd like to thank the members of the jury, Business Review and, of course, our clients, many of whom are present here tonight. It's an honor to receive this award, especially since our law firm was shortlisted in this category alongside four other reputed players. Any maybe it's not a coincidence that we've been selected to win the Law Firm of the Year award at a time when Tuca Zbarcea & Asociatii is celebrating its 15-year presence on the Romanian legal market". The BR Awards Gala celebrates the business champions of 2019, with an independent judging panel deciding upon each winner, based on the submitted written nominations. This year, more than 150 nominations were received. 52 nominations made it to the final shortlist, but only 11 of those nominated took home the prestigious Business Review Awards trophy. The full list of the BR Awards winners is available here: https://business-review.eu/business-review-events/the-business-champions-of-2019-discover-the-winners-of-business-review-awards-2020-208317
March 3, 2020
Țuca Zbârcea & Asociații triumphs at the BR Awards Gala

Țuca Zbârcea & Asociații was named "Law Firm of the Year" at last night's BR Awards Gala powered by the English publication - Business Review. The firm was a contender for the big prize alongside four other domestic and international law firms nominated for this category. Nine companies received awards for their vision, business strategy and exceptional results obtained in 2019, while two individual awards went to prominent figures from the business and sports world. [+]

Țuca Zbârcea & Asociații was named "Law Firm of the Year" at last night's BR Awards Gala powered by the English publication - Business Review. The firm was a contender for the big prize alongside four other domestic and international law firms nominated for this category. Nine companies received awards for their vision, business strategy and exceptional results obtained in 2019, while two individual awards went to prominent figures from the business and sports world.

The "Law Firm of the Year" award was handed out by Fulga Dinu, Country Manager at Immofinanz, in recognition of the firm's achievements in 2019, be it in relation to some of the most spectacular M&A deals (including cross-border) on the market or concerning complex financing projects, or litigation & arbitration case files. Also, two other business initiatives were singled out, namely Țuca Zbârcea & Asociații's collaboration agreement with Andersen Global in March 2019 and the partnership agreement with Trident Capital Investments.

SEMNATURA_CASTIGATOR_1

Attending the event, Raluca Vasilache, Partner and Head of the firm's Competition practice group stated: "I'd like to thank the members of the jury, Business Review and, of course, our clients, many of whom are present here tonight. It's an honor to receive this award, especially since our law firm was shortlisted in this category alongside four other reputed players. Any maybe it's not a coincidence that we've been selected to win the Law Firm of the Year award at a time when Țuca Zbârcea & Asociații is celebrating its 15-year presence on the Romanian legal market".

The BR Awards Gala celebrates the business champions of 2019, with an independent judging panel deciding upon each winner, based on the submitted written nominations. This year, more than 150 nominations were received. 52 nominations made it to the final shortlist, but only 11 of those nominated took home the prestigious Business Review Awards trophy.

The full list of the BR Awards winners is available here: https://business-review.eu/business-review-events/the-business-champions-of-2019-discover-the-winners-of-business-review-awards-2020-208317

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Tuca Zbarcea & Asociatii retains a Gold position in the WTR 1000 rankings World Trademark Review has recently launched its 2020 edition of the WTR 1000 guide which recommends individual practitioners and their firms exclusively in the trademark field, and identifies the leading players in over 80 key jurisdictions globally. Tuca Zbarcea & Asociatii received a Gold rating in Enforcement and litigation, as well as Prosecution and strategy categories, being recognised as one of the best law firms for IP work in Romania. World Trademark Review has recently launched its 2020 edition of the WTR 1000 guide which recommends individual practitioners and their firms exclusively in the trademark field, and identifies the leading players in over 80 key jurisdictions globally. Tuca Zbarcea & Asociatii received a Gold rating in Enforcement and litigation, as well as Prosecution and strategy categories, being recognised as one of the best law firms for IP work in Romania. According to the editors, "the IP team at Tuca Zbarcea & Asociatii consists of seasoned attorneys with a strong background and years of relevant experience. Its input on IP-related legislation is always extremely helpful, fantastically well-prepared and straightforward." Also, "the full-service player is known for its extremely strong anti-counterfeiting, geographical indication, prosecution strategy and trademark litigation offerings." In addition, Ciprian Dragomir, Partner and Head of the firm's IP practice group and Bogdan Halcu, Managing Associate in the firm's IP practice group were recognised as leaders in their field. World Trademark Review is the world's only independent daily news and information service dedicated exclusively to reporting on trademark issues for in-house and private practitioners internationally. The WTR 1000 research directory, which focuses exclusively on trademark practices and practitioners, has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal trademark expertise. As with previous editions, to arrive at the 2020 rankings, World Trademark Review undertook an exhaustive qualitative research project to identify the firms and individuals that are deemed outstanding in this critical area of practice. Full rankings are available here: https://www.worldtrademarkreview.com/directories/wtr1000
February 28, 2020
Țuca Zbârcea & Asociații retains a Gold position in the WTR 1000 rankings
World Trademark Review has recently launched its 2020 edition of the WTR 1000 guide which recommends individual practitioners and their firms exclusively in the trademark field, and identifies the leading players in over 80 key jurisdictions globally. Țuca Zbârcea & Asociații received a Gold rating in Enforcement and litigation, as well as Prosecution and strategy categories, being recognised as one of the best law firms for IP work in Romania. [+]

World Trademark Review has recently launched its 2020 edition of the WTR 1000 guide which recommends individual practitioners and their firms exclusively in the trademark field, and identifies the leading players in over 80 key jurisdictions globally.

Țuca Zbârcea & Asociații received a Gold rating in Enforcement and litigation, as well as Prosecution and strategy categories, being recognised as one of the best law firms for IP work in Romania. According to the editors, "the IP team at Țuca Zbârcea & Asociații consists of seasoned attorneys with a strong background and years of relevant experience. Its input on IP-related legislation is always extremely helpful, fantastically well-prepared and straightforward." Also, "the full-service player is known for its extremely strong anti-counterfeiting, geographical indication, prosecution strategy and trademark litigation offerings."

In addition, Ciprian Dragomir, Partner and Head of the firm's IP practice group and Bogdan Halcu, Managing Associate in the firm's IP practice group were recognised as leaders in their field.

World Trademark Review is the world's only independent daily news and information service dedicated exclusively to reporting on trademark issues for in-house and private practitioners internationally.

The WTR 1000 research directory, which focuses exclusively on trademark practices and practitioners, has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal trademark expertise. As with previous editions, to arrive at the 2020 rankings, World Trademark Review undertook an exhaustive qualitative research project to identify the firms and individuals that are deemed outstanding in this critical area of practice.

Full rankings are available here: https://www.worldtrademarkreview.com/directories/wtr1000

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Tuca Zbarcea & Asociatii and ELSA Bucharest to resume GDPR training course for law students after a successful first edition Following on the success of its first edition, ELSA Courses - Keep Calm and Love GDPR, powered by Tuca Zbarcea & Asociatii and ELSA Bucharest, are back at the Faculty of Law/ University of Bucharest. The first academic project in Romania meant to acquaint law students with the GDPR provisions is set to kick off on Tuesday, 3 March. Registration ended on 23 February. Following on the success of its first edition, ELSA Courses - Keep Calm and Love GDPR, powered by Tuca Zbarcea & Asociatii and ELSA Bucharest, are back at the Faculty of Law/ University of Bucharest. The first academic project in Romania meant to acquaint law students with the GDPR provisions is set to kick off on Tuesday, 3 March. Registration ended on 23 February. ELSA Courses - Keep Calm and Love GDPR is open to 2nd and 3rd year law students and comprises six modules (three theoretical and three practical modules). Upon completion of this course, four students will be awarded with a paid internship at Tuca Zbarcea & Asociatii. "This year's GDPR courses came as a natural follow-up to last year's event. We had all the right ingredients thrown in the mix: the resounding success of the previous edition, the dynamics of case law in our practice in the last 12 months, not to mention the pecuniary sanctions and absolutely spectacular corrective measures applied by the regulatory authority. The icing on the cake: the curiosity, creativity and enthusiasm of the students. In the second edition we will come across plaintiffs and defendants, lawyers and judges. And, who knows, maybe even some surprise guests! We can barely contain our excitement, but, till then, do not forget to: Keep Calm & Love GDPR!", said Ciprian Timofte, Partner at Tuca Zbarcea & Asociatii, data privacy law specialist and coordinator of this academic project. "With 118 submitted applications, last year's edition was a blast, proving the students' interest in this area and also encouraging us to keep organising these courses with the support of our partners - Tuca Zbarcea & Asociatii. This year, a new group of students has the opportunity to accumulate knowledge in a field that is not even touched upon at university level", added Diana Vasile, Fundraising Director at ELSA Bucharest. ELSA Courses - Keep Calm and Love GDPR takes places under the ELSA Bucharest brand and is powered by Tuca Zbarcea & Asociatii, an Official Partner of ELSA Bucharest. Further details may be found on the event page: https://www.facebook.com/events/866200993813703/
February 26, 2020
Țuca Zbârcea & Asociații and ELSA Bucharest to resume GDPR training course for law students after a successful first edition
Following on the success of its first edition, ELSA Courses - Keep Calm and Love GDPR, powered by Țuca Zbârcea & Asociații and ELSA Bucharest, are back at the Faculty of Law/ University of Bucharest. The first academic project in Romania meant to acquaint law students with the GDPR provisions is set to kick off on Tuesday, 3 March. Registration ended on 23 February. [+]

Following on the success of its first edition, ELSA Courses - Keep Calm and Love GDPR, powered by Țuca Zbârcea & Asociații and ELSA Bucharest, are back at the Faculty of Law/ University of Bucharest. The first academic project in Romania meant to acquaint law students with the GDPR provisions is set to kick off on Tuesday, 3 March. Registration ended on 23 February.

ELSA Courses - Keep Calm and Love GDPR is open to 2nd and 3rd year law students and comprises six modules (three theoretical and three practical modules). Upon completion of this course, four students will be awarded with a paid internship at Țuca Zbârcea & Asociații.

"This year's GDPR courses came as a natural follow-up to last year's event. We had all the right ingredients thrown in the mix: the resounding success of the previous edition, the dynamics of case law in our practice in the last 12 months, not to mention the pecuniary sanctions and absolutely spectacular corrective measures applied by the regulatory authority. The icing on the cake: the curiosity, creativity and enthusiasm of the students. In the second edition we will come across plaintiffs and defendants, lawyers and judges. And, who knows, maybe even some surprise guests! We can barely contain our excitement, but, till then, do not forget to: Keep Calm & Love GDPR!", said Ciprian Timofte, Partner at Țuca Zbârcea & Asociații, data privacy law specialist and coordinator of this academic project.

"With 118 submitted applications, last year's edition was a blast, proving the students' interest in this area and also encouraging us to keep organising these courses with the support of our partners - Țuca Zbârcea & Asociații. This year, a new group of students has the opportunity to accumulate knowledge in a field that is not even touched upon at university level", added Diana Vasile, Fundraising Director at ELSA Bucharest.

ELSA Courses - Keep Calm and Love GDPR takes places under the ELSA Bucharest brand and is powered by Țuca Zbârcea & Asociații, an Official Partner of ELSA Bucharest. Further details may be found on the event page: https://www.facebook.com/events/866200993813703/

 

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Tuca Zbarcea & Asociatii launches the 2020 edition of "Better Business in Romania" Tuca Zbarcea & Asociatii has launched the 2020 edition of the "Better Business in Romania", a user-friendly legislative guide covering 17 areas of law. "Better Business in Romania" compiles important pieces of information regarding the legislative climate applicable to investments in various areas of interest, starting from Corporate Law (aspects concerning the setting-up, management, acquisition, merger, and dissolution of a company), Real Estate, Creditor and Debtor Disputes, Employment, Public Contracts, Competition, Energy, Capital Market, Financial Institutions, Intellectual Property, Pharmaceuticals, Environmental Law, Product Liability and Consumer Contracts, Insolvency, as well as Criminal Law and Taxation. Tuca Zbarcea & Asociatii has launched the 2020 edition of the "Better Business in Romania", a user-friendly legislative guide covering 17 areas of law. "Better Business in Romania" compiles important pieces of information regarding the legislative climate applicable to investments in various areas of interest, starting from Corporate Law (aspects concerning the setting-up, management, acquisition, merger, and dissolution of a company), Real Estate, Creditor and Debtor Disputes, Employment, Public Contracts, Competition, Energy, Capital Market, Financial Institutions, Intellectual Property, Pharmaceuticals, Environmental Law, Product Liability and Consumer Contracts, Insolvency, as well as Criminal Law and Taxation. Also, following the overwhelmingly positive response from readers, this new edition is updated with recent legislation regarding Personal Data Protection. "Better Business in Romania" is designed to offer foreign investors looking for investment opportunities a preliminary account of the legal framework in Romania. The information and opinions herein should not be treated as a comprehensive study and should not be construed or used as substitute for specific legal advice. The guide is available for free download on Tuca Zbarcea & Asociatii's website: /better_business/
January 28, 2020
Țuca Zbârcea & Asociații launches the 2020 edition of "Better Business in Romania"

Țuca Zbârcea & Asociații has launched the 2020 edition of the "Better Business in Romania", a user-friendly legislative guide covering 17 areas of law.

"Better Business in Romania" compiles important pieces of information regarding the legislative climate applicable to investments in various areas of interest, starting from Corporate Law (aspects concerning the setting-up, management, acquisition, merger, and dissolution of a company), Real Estate, Creditor and Debtor Disputes, Employment, Public Contracts, Competition, Energy, Capital Market, Financial Institutions, Intellectual Property, Pharmaceuticals, Environmental Law, Product Liability and Consumer Contracts, Insolvency, as well as Criminal Law and Taxation. [+]

Țuca Zbârcea & Asociații has launched the 2020 edition of the "Better Business in Romania", a user-friendly legislative guide covering 17 areas of law.

"Better Business in Romania" compiles important pieces of information regarding the legislative climate applicable to investments in various areas of interest, starting from Corporate Law (aspects concerning the setting-up, management, acquisition, merger, and dissolution of a company), Real Estate, Creditor and Debtor Disputes, Employment, Public Contracts, Competition, Energy, Capital Market, Financial Institutions, Intellectual Property, Pharmaceuticals, Environmental Law, Product Liability and Consumer Contracts, Insolvency, as well as Criminal Law and Taxation.

Also, following the overwhelmingly positive response from readers, this new edition is updated with recent legislation regarding Personal Data Protection.

"Better Business in Romania" is designed to offer foreign investors looking for investment opportunities a preliminary account of the legal framework in Romania. The information and opinions herein should not be treated as a comprehensive study and should not be construed or used as substitute for specific legal advice.

The guide is available for free download on Țuca Zbârcea & Asociații's website: /better_business/  

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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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