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Țuca Zbârcea & Asociații
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Tuca Zbarcea & Asociatii Appoints Six New Partners in Latest Round of Promotions Tuca Zbarcea & Asociatii has announced six new Partner promotions, effective 1 January 2022. The firm's new Partners are Mihai Anghel, Oana Gavril, Catalina Mihailescu, Andreea Oprisan, Alexandra Peres, Alina Ungureanu. Also Raluca Chelaru and Sergiu Negreanu were promoted to Managing Associate. And Alin Ionescu, Marius Stanciu and Angelica Pintilie became Senior Associates. Tuca Zbarcea & Asociatii has announced six new Partner promotions, effective 1 January 2022. Tuca Zbarcea & Asociatii is strengthening its partnership with the appointment of six Partners, while five other lawyers were promoted to key roles such as of Managing Associate and Senior Associate. These promotions are instrumental to support important growth areas of the firm, such as dispute resolution, labour & employment, competition & State aid, real estate and finance & banking. It is also an indication of the remarkable results of Tuca Zbarcea & Asociatii's team of lawyers especially in these challenging times. The firm's new Partners are Mihai Anghel, Oana Gavril, Catalina Mihailescu, Andreea Oprisan, Alexandra Peres, Alina Ungureanu. Also Raluca Chelaru and Sergiu Negreanu were promoted to Managing Associate. And Alin Ionescu, Marius Stanciu and Angelica Pintilie became Senior Associates. "We've been through the hardest year in our law firm's history, but it ended with the greatest outcome - our fellow partner Robert Rosu was acquitted and released. This revitalised us, it reminded us that solidarity, cohesion and team spirit, the virtues we believe in the most, are the key to success. These year's promotions are not only a well-deserved confirmation of our colleagues' professionalism, but also the best expression of our faith in these virtues"., said Florentin Tuca, Managing Partner of Tuca Zbarcea & Asociatii. Further to the latest promotions round, Tuca Zbarcea & Asociatii now counts 34 Partners, this being the largest number of Partners in a law firm in Romania. NOTES TO EDITORS: Mihai Anghel is a Partner with Tuca Zbarcea & Asociatii's employment practice group. Mihai has over 17 years of professional experience in employment and labour law, providing legal advice to companies from various industries, such as FMCG, pharma, transports, IT&C, real estate, financial services, telecommunications, etc. He acquired solid and extensive experience in all relevant employment and labour related matters, ranging from hiring and firing, discrimination and harassment, performance appraisals, remuneration and benefits, to union issues and collective bargaining agreements, cross border transfer of undertakings, immigration matters, cross-border secondments, etc. Oana Gavril is a Partner in the litigation and arbitration practice group at Tuca Zbarcea & Asociatii. She has an extensive experience in complex litigation in legal areas such as administrative and fiscal law, labour and civil law, including matters of real estate and matters of corporate law. For the past 14 years, Oana has conducted numerous disputes concerning the annulment of tax decisions, disputes on determining and sanctioning the irregularities in accessing and using of European funds and/or of national public funds afferent thereof, as well as litigation cases on challenging the building permits/ Zonal Urban Plans and the challenging of various dismissal decisions, and cases regarding enforcement procedures and contractual or tort liability. In addition, Oana was involved in complex international arbitral proceedings. Catalina Mihailescu is a Partner specialised in insolvency and liquidation, civil and commercial litigation, acting as a pleading lawyer before Romanian courts of all levels of jurisdiction. Catalina is highly skilled in providing legal assistance and representation concerning complex corporate restructuring and reorganisation of companies through court procedures or out of court negotiations, including complex debt restructuring/debt recovery projects. Catalina's 20 years of broad expertise includes civil and commercial disputes and enforcement proceedings, having represented foreign and local clients throughout all stages of pre insolvency and insolvency procedures. She is a co-author of the book - "Bankruptcy and Liquidation" (Universul Juridic, 2015). Andreea Oprisan is a Partner with Tuca Zbarcea & Asociatii's competition group, with 15 years of legal practice. Andreea combines legal and economic competition law tools in view of supporting clients' projects and handling the full-range of competition law issues from antitrust and compliance matters to merger control and state aid. Other areas in which Andreea advises clients on a day-to-day basis include consumer protection, advertising, unfair competition practices, commercial/contract law. Andreea's expertise covers a wide area of economic sectors including FMCG, agriculture, automotive, insurance, banking, energy, oil & gas, services, pharmaceuticals and cosmetics, healthcare, distribution and logistics, retail, IT&C, media and advertising, etc. Alexandra Peres, Partner, specialises in the areas of real estate, mergers and acquisitions, corporate and commercial, banking and finance. She is a highly skilled real estate lawyer, with a particular focus on construction and urbanism, retail, office, energy sector. As part of her 15 years' experience she has been involved in major projects on the Romanian market, coordinating mergers and acquisition projects, restructuring of debts and receivables and negotiation of afferent guarantees and advising on matters related to construction and urbanism, implementation of various real estate projects, structuring of real estate transactions and the associated financing process, commercial leasing and property management, as well as on various non-contentious aspects of real estate and construction related projects. Alina Ungureanu, Partner, has a PhD in civil procedure law and over 18 years of practice in commercial litigation, domestic and international arbitration. She has an extensive experience in judicial proceedings related to the enforcement phase, including the recognition and enforcement in Romania of court decisions or arbitration awards issued by international courts. Furthermore, she has been involved in insolvency, reorganisation, and bankruptcy proceedings as a Member of the National Union of Insolvency Practitioners in Romania since 2008. Alina has also conducted complex dispute resolution cases in a variety of fields, from real estate and construction rights to insurance law litigation, representing some of the leading insurers on the market or in the field of railway infrastructure. She has experience in legislative proposals (mainly as regards civil procedure) and is the author of several legal works, published in domestic and international publications, as well as of the book - "The challenge to the enforcement proceedings" (Universul Juridic, 2012-2013).
December 23, 2021
Țuca Zbârcea & Asociații Appoints Six New Partners in Latest Round of Promotions

Țuca Zbârcea & Asociații has announced six new Partner promotions, effective 1 January 2022. The firm's new Partners are Mihai Anghel, Oana Gavril, Cătălina Mihăilescu, Andreea Oprișan, Alexandra Pereș, Alina Ungureanu. Also Raluca Chelaru and Sergiu Negreanu were promoted to Managing Associate. And Alin Ionescu, Marius Stanciu and Angelica Pintilie became Senior Associates. [+]

Țuca Zbârcea & Asociații has announced six new Partner promotions, effective 1 January 2022.

Țuca Zbârcea & Asociații is strengthening its partnership with the appointment of six Partners, while five other lawyers were promoted to key roles such as of Managing Associate and Senior Associate. These promotions are instrumental to support important growth areas of the firm, such as dispute resolution, labour & employment, competition & State aid, real estate and finance & banking. It is also an indication of the remarkable results of Țuca Zbârcea & Asociații's team of lawyers especially in these challenging times.

The firm's new Partners are Mihai Anghel, Oana Gavril, Cătălina Mihăilescu, Andreea Oprișan, Alexandra Pereș, Alina Ungureanu.

Also Raluca Chelaru and Sergiu Negreanu were promoted to Managing Associate.

And Alin Ionescu, Marius Stanciu and Angelica Pintilie became Senior Associates.

"We've been through the hardest year in our law firm's history, but it ended with the greatest outcome - our fellow partner Robert Roșu was acquitted and released. This revitalised us, it reminded us that solidarity, cohesion and team spirit, the virtues we believe in the most, are the key to success. These year's promotions are not only a well-deserved confirmation of our colleagues' professionalism, but also the best expression of our faith in these virtues"., said Florentin Țuca, Managing Partner of Țuca Zbârcea & Asociații.

Further to the latest promotions round, Țuca Zbârcea & Asociații now counts 34 Partners, this being the largest number of Partners in a law firm in Romania.

NOTES TO EDITORS:
Mihai Anghel is a Partner with Țuca Zbârcea & Asociații's employment practice group. Mihai has over 17 years of professional experience in employment and labour law, providing legal advice to companies from various industries, such as FMCG, pharma, transports, IT&C, real estate, financial services, telecommunications, etc. He acquired solid and extensive experience in all relevant employment and labour related matters, ranging from hiring and firing, discrimination and harassment, performance appraisals, remuneration and benefits, to union issues and collective bargaining agreements, cross border transfer of undertakings, immigration matters, cross-border secondments, etc.

Oana Gavril is a Partner in the litigation and arbitration practice group at Țuca Zbârcea & Asociații. She has an extensive experience in complex litigation in legal areas such as administrative and fiscal law, labour and civil law, including matters of real estate and matters of corporate law. For the past 14 years, Oana has conducted numerous disputes concerning the annulment of tax decisions, disputes on determining and sanctioning the irregularities in accessing and using of European funds and/or of national public funds afferent thereof, as well as litigation cases on challenging the building permits/ Zonal Urban Plans and the challenging of various dismissal decisions, and cases regarding enforcement procedures and contractual or tort liability. In addition, Oana was involved in complex international arbitral proceedings.

Cătălina Mihăilescu is a Partner specialised in insolvency and liquidation, civil and commercial litigation, acting as a pleading lawyer before Romanian courts of all levels of jurisdiction. Cătălina is highly skilled in providing legal assistance and representation concerning complex corporate restructuring and reorganisation of companies through court procedures or out of court negotiations, including complex debt restructuring/debt recovery projects. Cătălina's 20 years of broad expertise includes civil and commercial disputes and enforcement proceedings, having represented foreign and local clients throughout all stages of pre insolvency and insolvency procedures. She is a co-author of the book - "Bankruptcy and Liquidation" (Universul Juridic, 2015).

Andreea Oprișan is a Partner with Țuca Zbârcea & Asociații's competition group, with 15 years of legal practice. Andreea combines legal and economic competition law tools in view of supporting clients' projects and handling the full-range of competition law issues from antitrust and compliance matters to merger control and state aid. Other areas in which Andreea advises clients on a day-to-day basis include consumer protection, advertising, unfair competition practices, commercial/contract law. Andreea's expertise covers a wide area of economic sectors including FMCG, agriculture, automotive, insurance, banking, energy, oil & gas, services, pharmaceuticals and cosmetics, healthcare, distribution and logistics, retail, IT&C, media and advertising, etc.

Alexandra Pereș, Partner, specialises in the areas of real estate, mergers and acquisitions, corporate and commercial, banking and finance. She is a highly skilled real estate lawyer, with a particular focus on construction and urbanism, retail, office, energy sector. As part of her 15 years' experience she has been involved in major projects on the Romanian market, coordinating mergers and acquisition projects, restructuring of debts and receivables and negotiation of afferent guarantees and advising on matters related to construction and urbanism, implementation of various real estate projects, structuring of real estate transactions and the associated financing process, commercial leasing and property management, as well as on various non-contentious aspects of real estate and construction related projects.

Alina Ungureanu, Partner, has a PhD in civil procedure law and over 18 years of practice in commercial litigation, domestic and international arbitration. She has an extensive experience in judicial proceedings related to the enforcement phase, including the recognition and enforcement in Romania of court decisions or arbitration awards issued by international courts. Furthermore, she has been involved in insolvency, reorganisation, and bankruptcy proceedings as a Member of the National Union of Insolvency Practitioners in Romania since 2008. Alina has also conducted complex dispute resolution cases in a variety of fields, from real estate and construction rights to insurance law litigation, representing some of the leading insurers on the market or in the field of railway infrastructure. She has experience in legislative proposals (mainly as regards civil procedure) and is the author of several legal works, published in domestic and international publications, as well as of the book - "The challenge to the enforcement proceedings" (Universul Juridic, 2012-2013). 

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Tuca Zbarcea & Asociatii, the only Romanian law firm ranked in the GDR 100 2022 edition Tuca Zbarcea & Asociatii is the sole Romanian law firm to receive a rating in the 2022 edition of the Global Data Review/ GDR 100, the only ranking of the world's best data law firms. According to the GDR 100, Tuca Zbarcea & Asociatii houses "Romania's largest team of data protection and privacy lawyers and offers an exhaustive menu of services to domestic and international companies in telecoms, financial services, healthcare, life sciences, e-commerce, energy and other key sectors." Tuca Zbarcea & Asociatii is the sole Romanian law firm to receive a rating in the 2022 edition of the Global Data Review/ GDR 100, the only ranking of the world's best data law firms. According to the GDR 100, Tuca Zbarcea & Asociatii houses "Romania's largest team of data protection and privacy lawyers and offers an exhaustive menu of services to domestic and international companies in telecoms, financial services, healthcare, life sciences, e-commerce, energy and other key sectors. In ticking all the boxes, Tuca Zbarcea & Asociatii is well placed to handle large, complex and important data projects - something client referees particularly recommend it for. Further helpful in this regard is international expertise and a collaborative approach - Tuca Zbarcea's data experts have no problem slotting into cross-border legal teams whose members come from peer firms around the world." The GDR 100 2022 edition also acknowledges the firm's leading individuals in this area, namely Ciprian Timofte, Ciprian Dragomir and Horia Ispas. According to the editors, Ciprian Timofte "has a passion for data protection and is an innovative thinker in the practice." Also, Ciprian Dragomir is "the firm's top IP mind but has a deft touch on data matters, particularly of a transactional nature." while Horia Ispas "hails from a corporate and commercial background and has a flair for optimising data strategies." The GDR 100 is the only global ranking that captures the capabilities, track record and market reputation of the leading firms in the field of privacy/ data protection, and all other kinds of data law - including data localisation, B2B disputes about data acquisition and breach responsibility, antitrust, the use of IP and confidentiality laws to protect proprietary data, and more. Further details on the GDR 100 2022 edition can be found here.
December 21, 2021
Țuca Zbârcea & Asociații, the only Romanian law firm ranked in the GDR 100 2022 edition

Țuca Zbârcea & Asociații is the sole Romanian law firm to receive a rating in the 2022 edition of the Global Data Review/ GDR 100, the only ranking of the world's best data law firms.

According to the GDR 100, Țuca Zbârcea & Asociații houses "Romania's largest team of data protection and privacy lawyers and offers an exhaustive menu of services to domestic and international companies in telecoms, financial services, healthcare, life sciences, e-commerce, energy and other key sectors." [+]

Țuca Zbârcea & Asociații is the sole Romanian law firm to receive a rating in the 2022 edition of the Global Data Review/ GDR 100, the only ranking of the world's best data law firms.

According to the GDR 100, Țuca Zbârcea & Asociații houses "Romania's largest team of data protection and privacy lawyers and offers an exhaustive menu of services to domestic and international companies in telecoms, financial services, healthcare, life sciences, e-commerce, energy and other key sectors. In ticking all the boxes, Țuca Zbârcea & Asociații is well placed to handle large, complex and important data projects - something client referees particularly recommend it for. Further helpful in this regard is international expertise and a collaborative approach - Țuca Zbârcea's data experts have no problem slotting into cross-border legal teams whose members come from peer firms around the world."

The GDR 100 2022 edition also acknowledges the firm's leading individuals in this area, namely Ciprian Timofte, Ciprian Dragomir and Horia Ispas. According to the editors, Ciprian Timofte "has a passion for data protection and is an innovative thinker in the practice." Also, Ciprian Dragomir is "the firm's top IP mind but has a deft touch on data matters, particularly of a transactional nature." while Horia Ispas "hails from a corporate and commercial background and has a flair for optimising data strategies."

The GDR 100 is the only global ranking that captures the capabilities, track record and market reputation of the leading firms in the field of privacy/ data protection, and all other kinds of data law - including data localisation, B2B disputes about data acquisition and breach responsibility, antitrust, the use of IP and confidentiality laws to protect proprietary data, and more.

Further details on the GDR 100 2022 edition can be found here.

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Tuca Zbarcea & Asociatii helps BMC Truck&Bus deliver 151 electric buses for 11 municipalities Tuca Zbarcea & Asociatii advised BMC Truck&Bus in relation to EUR 60 million tender procedures regarding the supply of 151 electric buses for public transport in 11 municipalities. In the court proceedings for the resolution of the complaints one of the tenderers lodged against the outcome of the tendering procedures, BMC Truck&Bus was represented by a team from the firm's dispute resolution practice group, consisting of Ionut Serban, Cristian Neagu and Vlad Birta. Tuca Zbarcea & Asociatii advised BMC Truck&Bus in relation to EUR 60 million tender procedures regarding the supply of 151 electric buses for public transport in 11 municipalities. Following two tender procedures organised by the Romanian Ministry for Development, Public Works and Administration, BMC Truck&Bus has been awarded contracts for the supply of 151 electric buses, in an aggregate value of approximately EUR 60 million. The buses will be co-financed from EU non-reimbursable funds and are intended for the municipalities of Iasi, Tulcea, Targu-Mures, Alexandria, Braila, Constanta, Drobeta Turnu Severin, Focsani, Slobozia, Lugoj and Piatra Neamt. In the court proceedings for the resolution of the complaints one of the tenderers lodged against the outcome of the tendering procedures, BMC Truck&Bus was represented by a legal team from Tuca Zbarcea & Asociatii, consisting of Ionut Serban, Cristian Neagu and Vlad Birta. "Every public procurement dispute is a challenge because the supporting technical information, which is highly specialised, must take legal form in order to be presented before the National Council for Solving Complaints and before the courts. Lawyers' key role is to make explicit and accessible the often-dry technical data that these procedures entail" said Ionut Serban, Partner and coordinator of the legal team. BMC Truck&Bus has a factory in Ciorogarla, employing over 70 people. Currently it is expanding the factory's production lines, given the growing demand for electric buses in Romania and on the European market.
December 15, 2021
Țuca Zbârcea & Asociații helps BMC Truck&Bus deliver 151 electric buses for 11 municipalities

Țuca Zbârcea & Asociații advised BMC Truck&Bus in relation to EUR 60 million tender procedures regarding the supply of 151 electric buses for public transport in 11 municipalities. In the court proceedings for the resolution of the complaints one of the tenderers lodged against the outcome of the tendering procedures, BMC Truck&Bus was represented by a team from the firm's dispute resolution practice group, consisting of Ionuț Șerban, Cristian Neagu and Vlad Bîrta. [+]

Țuca Zbârcea & Asociații advised BMC Truck&Bus in relation to EUR 60 million tender procedures regarding the supply of 151 electric buses for public transport in 11 municipalities.

Following two tender procedures organised by the Romanian Ministry for Development, Public Works and Administration, BMC Truck&Bus has been awarded contracts for the supply of 151 electric buses, in an aggregate value of approximately EUR 60 million. The buses will be co-financed from EU non-reimbursable funds and are intended for the municipalities of Iași, Tulcea, Târgu-Mureș, Alexandria, Brăila, Constanța, Drobeta Turnu Severin, Focșani, Slobozia, Lugoj and Piatra Neamț. In the court proceedings for the resolution of the complaints one of the tenderers lodged against the outcome of the tendering procedures, BMC Truck&Bus was represented by a legal team from Țuca Zbârcea & Asociații, consisting of Ionuț Șerban, Cristian Neagu and Vlad Bîrta.

"Every public procurement dispute is a challenge because the supporting technical information, which is highly specialised, must take legal form in order to be presented before the National Council for Solving Complaints and before the courts. Lawyers' key role is to make explicit and accessible the often-dry technical data that these procedures entail" said Ionuț Șerban, Partner and coordinator of the legal team.

BMC Truck&Bus has a factory in Ciorogârla, employing over 70 people. Currently it is expanding the factory's production lines, given the growing demand for electric buses in Romania and on the European market.

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Tuca Zbarcea & Asociatii, successful in annulling yet another tax assessment notice regarding the reclassification of daily allowances as salary income Tuca Zbarcea & Asociatii has obtained the annulment of a Tax Assessment Notice issued by the National Agency for Fiscal Administration (ANAF) regarding the reclassification of daily allowances as salary income. The firm's lawyers had previously obtained stay of some similar tax assessment notices in several other cases brought before the courts. The team includes Ioana Hrisafi (Partner) and Mihail Petcu (Senior Associate) and is supported by a team of tax advisors within Tuca Zbarcea & Asociatii Tax - Ramona Chitu (Tax Director) and Andreea Florian (Tax Manager). Tuca Zbarcea & Asociatii has obtained the annulment of a Tax Assessment Notice issued by the National Agency for Fiscal Administration (ANAF) regarding the reclassification of daily allowances as salary income. The firm's lawyers had previously obtained stay of some similar tax assessment notices in several other cases brought before the courts. A mixed team of lawyers and tax advisors from Tuca Zbarcea & Asociatii and Tuca Zbarcea & Asociatii Tax, respectively, successfully assisted and represented an international road transport operator before the Sibiu Tribunal, in connection with the annulment of notices issued by the tax authorities. The tax assessment notices by which the tax authorities reclassified the secondment/ delegation allowance (per diem) into salary income can be annulled if demonstrated that no real analysis has been conducted into the application of the legal concepts of posting of workers / delegation as provided by the Labour Code and the related tax legislation. By its judgement as of 8 December, the Sibiu Tribunal annulled the tax assessment notice and the tax decision handed down in the appeal, whereby the tax authorities reclassified the daily allowances granted by a transport operator. This judgment marks the tax authorities' obligation to provide a proper analysis of the conditions of legality and validity underlying the specifics of the employment and tax relations between international transport operators and their employed drivers. It also outlines a recent judicial and administrative practice whereby the relevant judgments rendered by the Court of Justice of the European Union become a beneficial model for analysing the conditions governing international transport operators' activity. Tuca Zbarcea & Asociatii regularly represents clients before the tax authorities and the courts in tax disputes such as those referred above. The team includes Ioana Hrisafi (Partner) and Mihail Petcu (Senior Associate) and is supported by a team of tax advisors within Tuca Zbarcea & Asociatii Tax - Ramona Chitu (Tax Director) and Andreea Florian (Tax Manager). Even if the adoption of a tax amnesty on payment obligations resulting from the reclassification of daily allowances as salary is becoming increasingly plausible, Tuca Zbarcea & Asociatii recommends international road transport operators to rigorously prepare for tax inspections and to carefully analyse the findings of the tax authorities, both during the inspection and during the settlement of challenges. Besides, the reclassification of daily allowances as salary income, a topic that arouses much interest among transport operators, was discussed by the firm's lawyers and tax advisors at its annual tax and legal conference - "Tax disputes - directions and evolution" of 8 December 2021.
December 10, 2021
Țuca Zbârcea & Asociații, successful in annulling yet another tax assessment notice regarding the reclassification of daily allowances as salary income
Țuca Zbârcea & Asociații has obtained the annulment of a Tax Assessment Notice issued by the National Agency for Fiscal Administration (ANAF) regarding the reclassification of daily allowances as salary income. The firm's lawyers had previously obtained stay of some similar tax assessment notices in several other cases brought before the courts. The team includes Ioana Hrisafi (Partner) and Mihail Petcu (Senior Associate) and is supported by a team of tax advisors within Țuca Zbârcea & Asociații Tax - Ramona Chițu (Tax Director) and Andreea Florian (Tax Manager). [+]

Țuca Zbârcea & Asociații has obtained the annulment of a Tax Assessment Notice issued by the National Agency for Fiscal Administration (ANAF) regarding the reclassification of daily allowances as salary income. The firm's lawyers had previously obtained stay of some similar tax assessment notices in several other cases brought before the courts.

A mixed team of lawyers and tax advisors from Țuca Zbârcea & Asociații and Țuca Zbârcea & Asociații Tax, respectively, successfully assisted and represented an international road transport operator before the Sibiu Tribunal, in connection with the annulment of notices issued by the tax authorities.

The tax assessment notices by which the tax authorities reclassified the secondment/ delegation allowance (per diem) into salary income can be annulled if demonstrated that no real analysis has been conducted into the application of the legal concepts of posting of workers / delegation as provided by the Labour Code and the related tax legislation.

By its judgement as of 8 December, the Sibiu Tribunal annulled the tax assessment notice and the tax decision handed down in the appeal, whereby the tax authorities reclassified the daily allowances granted by a transport operator. This judgment marks the tax authorities' obligation to provide a proper analysis of the conditions of legality and validity underlying the specifics of the employment and tax relations between international transport operators and their employed drivers. It also outlines a recent judicial and administrative practice whereby the relevant judgments rendered by the Court of Justice of the European Union become a beneficial model for analysing the conditions governing international transport operators' activity.

Țuca Zbârcea & Asociații regularly represents clients before the tax authorities and the courts in tax disputes such as those referred above. The team includes Ioana Hrisafi (Partner) and Mihail Petcu (Senior Associate) and is supported by a team of tax advisors within Țuca Zbârcea & Asociații Tax - Ramona Chițu (Tax Director) and Andreea Florian (Tax Manager).

Even if the adoption of a tax amnesty on payment obligations resulting from the reclassification of daily allowances as salary is becoming increasingly plausible, Țuca Zbârcea & Asociații recommends international road transport operators to rigorously prepare for tax inspections and to carefully analyse the findings of the tax authorities, both during the inspection and during the settlement of challenges.

Besides, the reclassification of daily allowances as salary income, a topic that arouses much interest among transport operators, was discussed by the firm's lawyers and tax advisors at its annual tax and legal conference - "Tax disputes - directions and evolution" of 8 December 2021.

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Tuca Zbarcea & Asociatii advises Electrica SA on a EUR 4.2 million deal with Monsson, a major player in the renewable energy market Romanian company Electrica has signed with Monsson a contract for the sale and purchase of shares in a project company that is developing a photovoltaic park with an installed capacity of 77.5 MW of renewable energy. The transaction concerns the full acquisition of the project company - Foton Power Energy S.R.L., wholly owned by the seller, which is developing the "Bihor 1" photovoltaic project. A team of lawyers and tax advisors from the Tuca Zbarcea & Asociatii and Ernst & Young respectively advised Electrica group. Romanian company Electrica has signed with Monsson a contract for the sale and purchase of shares in a project company that is developing a photovoltaic park with an installed capacity of 77.5 MW of renewable energy. The transaction concerns the full acquisition of the project company - Foton Power Energy S.R.L., wholly owned by the seller, which is developing the "Bihor 1" photovoltaic project. The total estimated purchase price is EUR 4.2 million, and the final price will be determined by adjusting the total estimated price according to the authorised production capacity, based on a contractually established calculation formula. A team of lawyers and tax advisors from the Tuca Zbarcea & Asociatii and Ernst & Young respectively advised Electrica group. Tuca Zbarcea & Asociatii deployed a multidisciplinary team of energy, M&A, real estate lawyers led by Partner Sorin Vladescu, including, among others, Nisa Jecu (Managing Associate) and Raluca Misu (Managing Associate). Corina Popescu, General Manager of Electrica, stated: "The acquisition of this significant new project is a reconfirmation of our commitment to the development of the renewable energy production sector, which, in the current market context, is a viable solution. The energy transition can only be achieved through a joint effort, and the Electrica Group has a very clearly articulated strategy in this regard." The official press release of Electrica group can be found here.
December 8, 2021
Țuca Zbârcea & Asociații advises Electrica SA on a EUR 4.2 million deal with Monsson, a major player in the renewable energy market
Romanian company Electrica has signed with Monsson a contract for the sale and purchase of shares in a project company that is developing a photovoltaic park with an installed capacity of 77.5 MW of renewable energy. The transaction concerns the full acquisition of the project company - Foton Power Energy S.R.L., wholly owned by the seller, which is developing the "Bihor 1" photovoltaic project. A team of lawyers and tax advisors from the Țuca Zbârcea & Asociații and Ernst & Young respectively advised Electrica group.
[+]

Romanian company Electrica has signed with Monsson a contract for the sale and purchase of shares in a project company that is developing a photovoltaic park with an installed capacity of 77.5 MW of renewable energy. The transaction concerns the full acquisition of the project company - Foton Power Energy S.R.L., wholly owned by the seller, which is developing the "Bihor 1" photovoltaic project.

The total estimated purchase price is EUR 4.2 million, and the final price will be determined by adjusting the total estimated price according to the authorised production capacity, based on a contractually established calculation formula.

A team of lawyers and tax advisors from the Țuca Zbârcea & Asociații and Ernst & Young respectively advised Electrica group.
Țuca Zbârcea & Asociații deployed a multidisciplinary team of energy, M&A, real estate lawyers led by Partner Sorin Vlădescu, including, among others, Nisa Jecu (Managing Associate) and Raluca Mișu (Managing Associate).

Corina Popescu, General Manager of Electrica, stated: "The acquisition of this significant new project is a reconfirmation of our commitment to the development of the renewable energy production sector, which, in the current market context, is a viable solution. The energy transition can only be achieved through a joint effort, and the Electrica Group has a very clearly articulated strategy in this regard."

The official press release of Electrica group can be found here.

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Tuca Zbarcea & Asociatii advises Banca Transilvania on a syndicated loan of EUR 49.5 million in the agribusiness sector African Industries Group signed a syndicated loan of EUR 49.5 million to finance the acquisition of Thames Farming Enterprises, the parent company of Agricom Borcea, Tudor 92, Concordia Agro farms and Alisa Farm Management, from Calarasi County, with a total area of 13,700 hectares and a storage capacity of almost 40,000 tons. Legal advisor for Banca Transilvania was Tuca Zbarcea & Asociatii, while EY acted as the tax adviser of the transaction. Mihai Dudoiu, Partner of Tuca Zbarcea & Asociatii led the team of lawyers, with Sergiu Negreanu and Catalin Georgescu also being part of the core team advising Banca Transilvania. African Industries Group signed a syndicated loan of EUR 49.5 million to finance the acquisition of Thames Farming Enterprises, the parent company of Agricom Borcea, Tudor 92, Concordia Agro farms and Alisa Farm Management, from Calarasi County, with a total area of 13,700 hectares and a storage capacity of almost 40,000 tons. The syndicated financing was coordinated by Banca Transilvania, as the Principal Mandated Arranger, with OTP Bank Romania as a part of the banking union, both banks being financiers. Legal advisor for Banca Transilvania was Tuca Zbarcea & Asociatii, while EY acted as the tax adviser of the transaction. Mihai Dudoiu, Partner of Tuca Zbarcea & Asociatii led the team of lawyers, with Sergiu Negreanu and Catalin Georgescu also being part of the core team advising Banca Transilvania. "Banca Transilvania is a traditional financier of Romanian agriculture, bringing a vast expertise through the specialized Agribusiness segment. We are happy to support, through our unionization department, the financing of one of the most important procurement transactions in agribusiness, through its size", said Cosmin Calin, Executive Director of Large Corporate Clients, Banca Transilvania. Further to the deal, African Industries Group expands the group's agricultural activities in Romania approaching 20,000 hectares.
December 7, 2021
Țuca Zbârcea & Asociații advises Banca Transilvania on a syndicated loan of EUR 49.5 million in the agribusiness sector
African Industries Group signed a syndicated loan of EUR 49.5 million to finance the acquisition of Thames Farming Enterprises, the parent company of Agricom Borcea, Tudor 92, Concordia Agro farms and Alisa Farm Management, from Călărași County, with a total area of 13,700 hectares and a storage capacity of almost 40,000 tons. Legal advisor for Banca Transilvania was Țuca Zbârcea & Asociații, while EY acted as the tax adviser of the transaction. Mihai Dudoiu, Partner of Țuca Zbârcea & Asociații led the team of lawyers, with Sergiu Negreanu and Cătălin Georgescu also being part of the core team advising Banca Transilvania. [+]

African Industries Group signed a syndicated loan of EUR 49.5 million to finance the acquisition of Thames Farming Enterprises, the parent company of Agricom Borcea, Tudor 92, Concordia Agro farms and Alisa Farm Management, from Călărași County, with a total area of 13,700 hectares and a storage capacity of almost 40,000 tons.

The syndicated financing was coordinated by Banca Transilvania, as the Principal Mandated Arranger, with OTP Bank Romania as a part of the banking union, both banks being financiers.

Legal advisor for Banca Transilvania was Țuca Zbârcea & Asociații, while EY acted as the tax adviser of the transaction. Mihai Dudoiu, Partner of Țuca Zbârcea & Asociații led the team of lawyers, with Sergiu Negreanu and Cătălin Georgescu also being part of the core team advising Banca Transilvania.

"Banca Transilvania is a traditional financier of Romanian agriculture, bringing a vast expertise through the specialized Agribusiness segment. We are happy to support, through our unionization department, the financing of one of the most important procurement transactions in agribusiness, through its size", said Cosmin Călin, Executive Director of Large Corporate Clients, Banca Transilvania.

Further to the deal, African Industries Group expands the group's agricultural activities in Romania approaching 20,000 hectares.

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Tuca Zbarcea & Asociatii publicly salutes the decision of the High Court of Cassation and Justice to release Robert Rosu from prison Tuca Zbarcea & Asociatii law firm salutes the High Court of Cassation and Justice's decision as of November 23rd granting the extraordinary appeal and freeing Robert Rosu. Judges of the Supreme Court quashed the 17 December 2020 decision convicting Robert Rosu and acquitted him of all charges, thus delivering justice in this case and confirming that his activities as lawyer were in full compliance with the law. Tuca Zbarcea & Asociatii law firm salutes the High Court of Cassation and Justice's decision as of November 23rd granting the extraordinary appeal and freeing Robert Rosu. Judges of the Supreme Court quashed the 17 December 2020 decision convicting Robert Rosu and acquitted him of all charges, thus delivering justice in this case and confirming that his activities as lawyer were in full compliance with the law. "This reparatory decision stands not only as token of the extraordinary professional and moral integrity of the judges who passed it, but as a historic landmark in Romanian jurisprudence. We trust this decision will constitute a remarkable milestone for any future judgment on the lawyer's role and importance in the judicial system, and on the undisputable importance of institutions such as the presumption of innocence, the right of defense and the constitutional right to a fair trial", said Florentin Tuca, Managing Partner of the firm. Tuca Zbarcea & Asociatii thanks all colleagues who expressed solidarity in Robert Rosu's case, especially the leaders and counsellors of the National Union of Romanian Bars, the Bucharest Bar and county bars across the country. Our confrere's victory today is not merely personal, it is the success of our entire profession. The warmest thanks to all our clients, friends, fellow lawyers and jurists in general, journalists, and all those who have been close to us throughout this very trying year and have not lost hope that justice will eventually prevail!
November 23, 2021
Țuca Zbârcea & Asociații publicly salutes the decision of the High Court of Cassation and Justice to release Robert Roșu from prison

Țuca Zbârcea & Asociații law firm salutes the High Court of Cassation and Justice's decision as of November 23rd granting the extraordinary appeal and freeing Robert Roșu. Judges of the Supreme Court quashed the 17 December 2020 decision convicting Robert Roșu and acquitted him of all charges, thus delivering justice in this case and confirming that his activities as lawyer were in full compliance with the law. [+]

Țuca Zbârcea & Asociații law firm salutes the High Court of Cassation and Justice's decision as of November 23rd granting the extraordinary appeal and freeing Robert Roșu.

Judges of the Supreme Court quashed the 17 December 2020 decision convicting Robert Roșu and acquitted him of all charges, thus delivering justice in this case and confirming that his activities as lawyer were in full compliance with the law.

"This reparatory decision stands not only as token of the extraordinary professional and moral integrity of the judges who passed it, but as a historic landmark in Romanian jurisprudence. We trust this decision will constitute a remarkable milestone for any future judgment on the lawyer's role and importance in the judicial system, and on the undisputable importance of institutions such as the presumption of innocence, the right of defense and the constitutional right to a fair trial", said Florentin Țuca, Managing Partner of the firm.

Țuca Zbârcea & Asociații thanks all colleagues who expressed solidarity in Robert Roșu's case, especially the leaders and counsellors of the National Union of Romanian Bars, the Bucharest Bar and county bars across the country. Our confrere's victory today is not merely personal, it is the success of our entire profession.

The warmest thanks to all our clients, friends, fellow lawyers and jurists in general, journalists, and all those who have been close to us throughout this very trying year and have not lost hope that justice will eventually prevail!

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3rd Annual TAX + Legal Videoconference Focuses on Trends and Approaches by Tax Authorities Tuca Zbarcea & Asociatii and Tuca Zbarcea & Asociatii Tax are pleased to announce the 3rd edition of its TAX + LEGAL VIDEOCONFERENCE: TAX DISPUTES - TRENDS AND APPROACHES with a focus on the procedural issues and tax problems of the moment from a legal and tax perspective. The event is scheduled for 8 December 2021 and is broadcasted live through the online platform - Sintact.ro. Tuca Zbarcea & Asociatii and Tuca Zbarcea & Asociatii Tax are pleased to announce the 3rd edition of its TAX + LEGAL VIDEOCONFERENCE: TAX DISPUTES - TRENDS AND APPROACHES with a focus on the procedural issues and tax problems of the moment from a legal and tax perspective. The event is scheduled for 8 December 2021 and is broadcasted live through the online platform - Sintact.ro. TAX + LEGAL VIDEOCONFERENCE: TAX DISPUTES - TRENDS AND APPROACHES is part of an annual conference series powered by Tuca Zbarcea & Asociatii and Tuca Zbarcea & Asociatii Tax. The event is interactive and dedicated exclusively to the business community - entrepreneurs, CEOs and C-level executives, Chief Finance and Accounting Officers, as well as Chief Legal Officers. The current situation, driven inter alia by the pandemic and the excessive budget deficit, has led to a rethinking of public and tax policies and at the same time to the shaping of certain trends and approaches by tax authorities. This edition is therefore dedicated to the taxpayer's relationship with the tax authorities, discussing the procedural issues and tax problems of the moment from a legal and tax perspective. Main conference topics: What the new normal looks like in dealing with tax authorities at the end of 2021 Trends in dealing with tax authorities (New procedural approaches in tax inspections. How do we prepare?; Procedural tools available to taxpayers. How do we use them?; Leverage for post-inspection financial recovery; SAF-T - certainties and expectations) Tax inspections - risk areas, remedies and solutions (Recurring themes from an income tax and social contributions perspective. Per diems, gift vouchers, dependent relationships - where do we stand?; Deductibility of purchases of services - new benchmarks and practical approaches; Interest and royalties - new risks from a withholding tax perspective?; Fixed and permanent establishment - the recent perspective of tax authorities; Recent European case law on VAT; The most common transfer pricing cases in 2021 tax audits; Reclassification of transactions. Crime prevention) Tax Disputes (Judicial practice on suspension of administrative tax acts - suspense or a walk on beaten paths?; Practical approaches to the procedure for the refund of amounts paid under an annulled administrative tax act) The topics of the conference will be presented by speakers with extensive experience in their areas of practice from Tuca Zbarcea & Asociatii and Tuca Zbarcea & Asociatii Tax: Alexandru Cristea, Tax Partner - Tuca Zbarcea & Asociatii Tax; Ramona Chitu, Tax Director - Tuca Zbarcea & Asociatii Tax; Narcisa Ichim, Tax Director - Tuca Zbarcea & Asociatii Tax; Ioana Gelepu, Partner (Dispute Resolution) - Tuca Zbarcea & Asociatii; Christina Vladescu, Partner (Dispute Resolution) - Tuca Zbarcea & Asociatii; Manuela Gornoviceanu, Managing Associate (Criminal Law) - Tuca Zbarcea & Asociatii. The TAX + LEGAL VIDEOCONFERENCE: TAX DISPUTES - TRENDS AND APPROACHES, 3rd edition is hosted by Tuca Zbarcea & Asociatii law firm and its tax division Tuca Zbarcea & Asociatii Tax, with the support of Wolters Kluwer Romania and partners: the Bucharest Chamber of Commerce and Industry, Juridice.ro, Legal Marketing, Newsweek, Universul Juridic. Participation in the videoconference is free of charge, subject to prior registration and confirmation from the organisers. The event is held in Romanian language and takes place online via the Wolters Kluwer - Sintact.ro platform on 8 December from 9:30 a.m. to 12:00 p.m. Further details about the agenda and the registration information are found here.
November 22, 2021
3rd Annual TAX + Legal Videoconference Focuses on Trends and Approaches by Tax Authorities
Țuca Zbârcea & Asociații and Țuca Zbârcea & Asociații Tax are pleased to announce the 3rd edition of its TAX + LEGAL VIDEOCONFERENCE: TAX DISPUTES - TRENDS AND APPROACHES with a focus on the procedural issues and tax problems of the moment from a legal and tax perspective. The event is scheduled for 8 December 2021 and is broadcasted live through the online platform - Sintact.ro. [+]

Țuca Zbârcea & Asociații and Țuca Zbârcea & Asociații Tax are pleased to announce the 3rd edition of its TAX + LEGAL VIDEOCONFERENCE: TAX DISPUTES - TRENDS AND APPROACHES with a focus on the procedural issues and tax problems of the moment from a legal and tax perspective. The event is scheduled for 8 December 2021 and is broadcasted live through the online platform - Sintact.ro.

TAX + LEGAL VIDEOCONFERENCE: TAX DISPUTES - TRENDS AND APPROACHES is part of an annual conference series powered by Țuca Zbârcea & Asociații and Țuca Zbârcea & Asociații Tax.

The event is interactive and dedicated exclusively to the business community - entrepreneurs, CEOs and C-level executives, Chief Finance and Accounting Officers, as well as Chief Legal Officers.

The current situation, driven inter alia by the pandemic and the excessive budget deficit, has led to a rethinking of public and tax policies and at the same time to the shaping of certain trends and approaches by tax authorities. This edition is therefore dedicated to the taxpayer's relationship with the tax authorities, discussing the procedural issues and tax problems of the moment from a legal and tax perspective.

Main conference topics:

  1. What the new normal looks like in dealing with tax authorities at the end of 2021  
  2. Trends in dealing with tax authorities (New procedural approaches in tax inspections. How do we prepare?; Procedural tools available to taxpayers. How do we use them?; Leverage for post-inspection financial recovery; SAF-T - certainties and expectations)
  3. Tax inspections - risk areas, remedies and solutions (Recurring themes from an income tax and social contributions perspective. Per diems, gift vouchers, dependent relationships - where do we stand?; Deductibility of purchases of services - new benchmarks and practical approaches; Interest and royalties - new risks from a withholding tax perspective?; Fixed and permanent establishment - the recent perspective of tax authorities; Recent European case law on VAT; The most common transfer pricing cases in 2021 tax audits; Reclassification of transactions. Crime prevention)
  4. Tax Disputes (Judicial practice on suspension of administrative tax acts - suspense or a walk on beaten paths?; Practical approaches to the procedure for the refund of amounts paid under an annulled administrative tax act)

The topics of the conference will be presented by speakers with extensive experience in their areas of practice from Țuca Zbârcea & Asociații and Țuca Zbârcea & Asociații Tax: Alexandru Cristea, Tax Partner - Țuca Zbârcea & Asociații Tax; Ramona Chițu, Tax Director - Țuca Zbârcea & Asociații Tax; Narcisa Ichim, Tax Director - Țuca Zbârcea & Asociații Tax; Ioana Gelepu, Partner (Dispute Resolution) - Țuca Zbârcea & Asociații; Christina Vlădescu, Partner (Dispute Resolution) - Țuca Zbârcea & Asociații; Manuela Gornoviceanu, Managing Associate (Criminal Law) - Țuca Zbârcea & Asociații.

The TAX + LEGAL VIDEOCONFERENCE: TAX DISPUTES - TRENDS AND APPROACHES, 3rd edition is hosted by Țuca Zbârcea & Asociații law firm and its tax division Țuca Zbârcea & Asociații Tax, with the support of Wolters Kluwer Romania and partners: the Bucharest Chamber of Commerce and Industry, Juridice.ro, Legal Marketing, Newsweek, Universul Juridic.

Participation in the videoconference is free of charge, subject to prior registration and confirmation from the organisers. The event is held in Romanian language and takes place online via the Wolters Kluwer - Sintact.ro platform on 8 December from 9:30 a.m. to 12:00 p.m.

Further details about the agenda and the registration information are found here.

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