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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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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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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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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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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A total number of 38 law firms and 150 lawyers have made it to the final rankings of IFLR 1000. As well as being one of the highest ranked law firms, Țuca Zbârcea & Asociații also received the largest number of lawyer nominations in Romania.

Țuca Zbârcea & Asociații reconfirms its top-notch position in the financial and corporate market, according to the final rankings of IFLR 1000 for the research period 2020/2021. The firm achieved Tier One rankings in three areas of practice undergoing research this year: Banking and finance, Mergers and Acquisitions, and Project Development and Tier Two in Capital Markets (Debt & Equity).

Moreover, 16 lawyers at the firm were acclaimed for their professional activity, this being the highest number of lawyer recommendations in Romania.

Generally speaking, Țuca Zbârcea & Asociații received praise for its work in all areas of practice, with clients appreciating the team's passion for law, professionalism, expertise and client value.

As such, one of the firm's clients says: "In terms of Financing expertise, this firm is top-notch. They offer well-informed guidance and accurate risk assessments. They have a reputation for being excellent banking and finance lawyers: they deal with so many financing cases that they know exactly what both the lenders and the borrowers expect from them".

Another client attests: "The team is well organised and provides an efficient, client-centric M&A service. They can always be trusted to get things done. Actually, all their M&A lawyers are incredibly approachable and insightful."

Further, "as regards PPP and concessions work, they are the best. Their knowledge of all applicable laws and regulations, including at EU level is simply amazing."

Lastly, the firm's Capital markets team is rated "amongst the best teams in the market as regards both debt and equity capital market work. The team is technically very good, and experienced with various types of capital markets work. Also very good on the regulatory side."

IFLR1000 is the guide to the world's leading financial and corporate law firms and lawyers. Their first rankings were published in 1990 and they currently research over 120 jurisdictions worldwide.

Further details are available here.

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Shareholders of Autonet Group Holding (AGH), an integral part of the Swiss Automotive Group (SAG), ranked fifth in the European aftermarket sector, have reached an agreement with Augsburg International, one of Romania's most important independent auto parts distributors. According to the agreement, Autonet Group Holding (AGH) acquires a majority stake (51%) in Augsburg International.

A strong team of lawyers, financial advisors and business consultants acted on the buy-side, with Țuca Zbârcea & Asociații(Romania) and Kellerhals Carrard (Switzerland) covering the M&A/corporate, intellectual property and competition related issues for Autonet Group Holding (AGH), part of the Swiss Automotive Group (SAG). Also, Deloitte and Mazars offered financial and strategic advice to the buyer.

The legal team from Țuca Zbârcea & Asociații assisting Autonet Group Holding (AGH) included Partner Ciprian Dragomir and Managing Associate Andreea Oprișan, among others.

The completion of the transaction is contingent on the receipt of all the necessary approvals from the regulatory authority. Further to the deal, the SAG-AGH group gains two positions in the European top of spare parts distributors.

More info on this transaction is available here.

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Țuca Zbârcea & Asociații has obtained the annulment of the precautionary measures and stay of the enforcement initiated against an international transport operator as a result of the National Agency for Fiscal Administration's assessment notices reclassifying daily allowances as salary income.

A mixed team of lawyers and tax consultants from Țuca Zbârcea & Asociații and Țuca Zbârcea & Asociații Tax successfully assisted and represented in court an international road transport operator, for staying enforcement of the notices issued by the tax authorities. The tax assessment notices by which the Romanian tax authorities reclassified the secondment/delegation allowance (per diem) into salary income are likely to be stayed if a serious violation of the Romanian and EU legislation on transnational secondment/delegation under the Labour Code and the related tax legislation can be demonstrated.

In the most recent case of Țuca Zbârcea & Asociații, on 28 September 2021 the Oradea Court of Appeal handed down a judgment staying enforcement of the assessment notices that established main and accessory tax liabilities of approximately RON 39 million (approximately EUR 8 million), as a result of an inspection in which the tax authorities had deemed that the amounts granted to drivers as daily allowances should be treated as salary and, consequently, should be subject to taxation.

Such judgments confirm a model of good judicial practice in analysing the conditions of legality that the tax inspection bodies should comply with and apply. Moreover, the stay of enforcement of these tax obligations has a major impact on the transport operators' financial and legal stability, and it is enforceable by operation of law. As a result, the concerned operators are also protected from any enforcement or insolvency proceedings that the tax authorities might open.

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 (Senior Tax Manager).

Even if there is talk of a tax amnesty on payment obligations resulting from the reclassification of daily allowances as salary, Țuca Zbârcea & Asociații recommends international road transport operators to rigorously prepare for tax inspections, and to carefully analyse the findings of the tax authorities.

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