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Țuca Zbârcea & Asociații
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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.
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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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Tuca Zbarcea & Asociatii law firm wins an international arbitration worth EUR 6.5 million Tuca Zbarcea & Asociatii successfully represented one of the leading European construction groups in an arbitration case under the Rules of Arbitration of the International Chamber of Commerce (ICC). In arbitration proceedings, the claimant has been represented by a team of arbitration lawyers led by Cornel Popa (Partner) and Cornelia Tabirta (Managing Associate). The legal assistance and representation in the setting aside proceedings were headed by Ioana Gelepu, Partner within the firm's Litigation team. Tuca Zbarcea & Asociatii successfully represented one of the leading European construction groups in an arbitration case under the Rules of Arbitration of the International Chamber of Commerce (ICC). The client sought to recover the damages incurred as a result of the termination, upon the beneficiary's default, of a works contract concluded under FIDIC Red Book, in relation to a major Romanian project in transport infrastructure. The dispute involved a variety of legal issues, such as the legal regime and framework applicable to the contract, the regime and the specifics of the limitation period in FIDIC contracts, but the greatest challenge was to obtain the revision of a Dispute Adjudication Board's (DAB) decision which denied the client's entitlement to virtually all claims sought in arbitration. By the arbitral award issued in July 2020, the Arbitral Tribunal revised the DAB decision and ordered the beneficiary to pay the amount of approximately EUR 6.5 million. Further, on 29 September 2021, the Bucharest Court of Appeal dismissed the setting aside proceedings commenced by the beneficiary, thus confirming the lawfulness of the arbitral award and also the principle whereby the Arbitral Tribunal is the only one having jurisdiction to decide the merits of the case. In arbitration proceedings, the claimant has been represented by a team of arbitration lawyers led by Cornel Popa (Partner) and Cornelia Tabirta (Managing Associate). The legal assistance and representation in the setting aside proceedings were headed by Ioana Gelepu, Partner within the firm's Litigation team. Tuca Zbarcea & Asociatii has a leading practice in Dispute Resolution, the firm's pre-eminence in this area being already acknowledged by renowned international publications, such as Chambers & Partners, Legal 500 and the Global Arbitration Review. More so, the firm is a recipient of the 2020 and 2021 "Law Firm of the Year in Romania for Dispute Resolution" Award by Benchmark Litigation Europe (a publication of Euromoney Legal Media Group), one the most coveted and prestigious international accolades for law firms specialising in litigation and arbitration.
November 17, 2021
Țuca Zbârcea & Asociații law firm wins an international arbitration worth EUR 6.5 million
Țuca Zbârcea & Asociații successfully represented one of the leading European construction groups in an arbitration case under the Rules of Arbitration of the International Chamber of Commerce (ICC). In arbitration proceedings, the claimant has been represented by a team of arbitration lawyers led by Cornel Popa (Partner) and Cornelia Tăbîrță (Managing Associate). The legal assistance and representation in the setting aside proceedings were headed by Ioana Gelepu, Partner within the firm's Litigation team. [+]

Țuca Zbârcea & Asociații successfully represented one of the leading European construction groups in an arbitration case under the Rules of Arbitration of the International Chamber of Commerce (ICC).

The client sought to recover the damages incurred as a result of the termination, upon the beneficiary's default, of a works contract concluded under FIDIC Red Book, in relation to a major Romanian project in transport infrastructure. The dispute involved a variety of legal issues, such as the legal regime and framework applicable to the contract, the regime and the specifics of the limitation period in FIDIC contracts, but the greatest challenge was to obtain the revision of a Dispute Adjudication Board's (DAB) decision which denied the client's entitlement to virtually all claims sought in arbitration.

By the arbitral award issued in July 2020, the Arbitral Tribunal revised the DAB decision and ordered the beneficiary to pay the amount of approximately EUR 6.5 million. Further, on 29 September 2021, the Bucharest Court of Appeal dismissed the setting aside proceedings commenced by the beneficiary, thus confirming the lawfulness of the arbitral award and also the principle whereby the Arbitral Tribunal is the only one having jurisdiction to decide the merits of the case.

In arbitration proceedings, the claimant has been represented by a team of arbitration lawyers led by Cornel Popa (Partner) and Cornelia Tăbîrță (Managing Associate). The legal assistance and representation in the setting aside proceedings were headed by Ioana Gelepu, Partner within the firm's Litigation team.

Țuca Zbârcea & Asociații has a leading practice in Dispute Resolution, the firm's pre-eminence in this area being already acknowledged by renowned international publications, such as Chambers & Partners, Legal 500 and the Global Arbitration Review.

More so, the firm is a recipient of the 2020 and 2021 "Law Firm of the Year in Romania for Dispute Resolution" Award by Benchmark Litigation Europe (a publication of Euromoney Legal Media Group), one the most coveted and prestigious international accolades for law firms specialising in litigation and arbitration.

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Pro Bono legal advice to Artexim, the organiser of the George Enescu International Festival in a complex IP dispute Tuca Zbarcea & Asociatii has provided pro bono legal assistance to George Enescu International Festival organizer Artexim in a dispute with the Historic Auction House in connection with the auctioning of manuscripts and a violin that had presumably belonged to Romanian composer George Enescu. The team included Partner Ioana Hrisafi and Associate Alin Ionescu. Tuca Zbarcea & Asociatii has provided pro bono legal assistance to George Enescu International Festival organizer Artexim in a dispute with the Historic Auction House in connection with the auctioning of manuscripts and a violin that had presumably belonged to Romanian composer George Enescu. The Tuca Zbarcea & Asociatii team included Partner Ioana Hrisafi and Associate Alin Ionescu. In October, Artexim announced it had "won both the lawsuit and the appeal filed by the Historic Auction House, [seeking] to obtain a presidential ordinance" that would compel Artexim to remove the press release from its website. According to Artexim's announcement, on October 7, 2021, the court of appeal upheld the decision issued on September 13, 2021, by the court of first instance, rejecting the auction house's demands. More details are available here: https://bit.ly/3ooGZs8
November 15, 2021
Pro Bono legal advice to Artexim, the organiser of the George Enescu International Festival in a complex IP dispute
Țuca Zbârcea & Asociații has provided pro bono legal assistance to George Enescu International Festival organizer Artexim in a dispute with the Historic Auction House in connection with the auctioning of manuscripts and a violin that had presumably belonged to Romanian composer George Enescu. The team included Partner Ioana Hrisafi and Associate Alin Ionescu. [+]

Țuca Zbârcea & Asociații has provided pro bono legal assistance to George Enescu International Festival organizer Artexim in a dispute with the Historic Auction House in connection with the auctioning of manuscripts and a violin that had presumably belonged to Romanian composer George Enescu.

The Țuca Zbârcea & Asociații team included Partner Ioana Hrisafi and Associate Alin Ionescu.

In October, Artexim announced it had "won both the lawsuit and the appeal filed by the Historic Auction House, [seeking] to obtain a presidential ordinance" that would compel Artexim to remove the press release from its website. According to Artexim's announcement, on October 7, 2021, the court of appeal upheld the decision issued on September 13, 2021, by the court of first instance, rejecting the auction house's demands.

More details are available here: https://bit.ly/3ooGZs8

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CEE Legal Matters launches CEE Legal Matters Comparative Legal Guide: Competition 2021, co-edited by Tuca Zbarcea & Asociatii Tuca Zbarcea & Asociatii was invited to be the exclusive country contributor to the CEE Legal Matters Comparative Legal Guide: Competition 2021 for Romania. The firm has also co-edited the inaugural edition of the guide. The Romania chapter was written by Partner Raluca Vasilache and Managing Associate Andreea Oprisan. Tuca Zbarcea & Asociatii was invited to be the exclusive country contributor to the CEE Legal Matters Comparative Legal Guide: Competition 2021 for Romania. The firm has also co-edited the inaugural edition of the guide. The guide presents an overview of CEE's competition regimes. It includes an outline of the main competition pieces of legislation, any notable recent updates, the main concerns of the competition authority as well as its sanctioning record, how a leniency policy is applied and how unilateral conduct is treated in each country, an overview of relevant recent abuse cases, if and how State Aid can be obtained, as well as any major changes brought on by the COVID-19 pandemic in the field - and more! "It was an absolute delight to work together with the Tuca Zbarcea & Asociatii professionals on the Romania chapter for this report," commented CEE Legal Matters Managing Editor Radu Cotarcea. "Aside from their quick turn-around time and thoroughness, our collaboration felt smooth in particular due to their responsiveness - which, with a project such as this, is absolutely critical. I very much look forward to working together again." The Romania chapter was written by Partner Raluca Vasilache and Managing Associate Andreea Oprisan. The full guide is available here in electronic format and here in pdf format.
November 10, 2021
CEE Legal Matters launches CEE Legal Matters Comparative Legal Guide: Competition 2021, co-edited by Țuca Zbârcea & Asociații
Țuca Zbârcea & Asociații was invited to be the exclusive country contributor to the CEE Legal Matters Comparative Legal Guide: Competition 2021 for Romania. The firm has also co-edited the inaugural edition of the guide. The Romania chapter was written by Partner Raluca Vasilache and Managing Associate Andreea Oprișan. [+]

Țuca Zbârcea & Asociații was invited to be the exclusive country contributor to the CEE Legal Matters Comparative Legal Guide: Competition 2021 for Romania. The firm has also co-edited the inaugural edition of the guide.

The guide presents an overview of CEE's competition regimes. It includes an outline of the main competition pieces of legislation, any notable recent updates, the main concerns of the competition authority as well as its sanctioning record, how a leniency policy is applied and how unilateral conduct is treated in each country, an overview of relevant recent abuse cases, if and how State Aid can be obtained, as well as any major changes brought on by the COVID-19 pandemic in the field - and more!

"It was an absolute delight to work together with the Țuca Zbârcea & Asociații professionals on the Romania chapter for this report," commented CEE Legal Matters Managing Editor Radu Cotarcea. "Aside from their quick turn-around time and thoroughness, our collaboration felt smooth in particular due to their responsiveness - which, with a project such as this, is absolutely critical. I very much look forward to working together again."

The Romania chapter was written by Partner Raluca Vasilache and Managing Associate Andreea Oprișan.

The full guide is available here in electronic format and here in pdf format.

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