Litigation

Mihai Nusca E-mail vCard

Bar affiliation

Bucharest Bar (admitted 2004)

Practice Areas

Litigation
Tax
Competition / Antitrust
Labor

Mihai Nuşcă joined Biriş Goran in 2009 and heads the Litigation Practice since May 2012. Early 2014 he became a Partner. Mihai has over 11 years experience in all forms of litigation, including commercial, administrative, and tax files at all levels of court, arbitration, and administrative authorities. He also has experience on white collar crime matters, having represented various multinationals in internal compliance reviews and actions against rogue employees. He also has handled lawsuits involving state aid and antitrust matters.

In the past, he was involved in legislative drafting involving casino and gaming as well as agricultural legislation.

Outside the office, he enjoys lecturing to students at his alma mater and the occasional game of chess.

Recent Experience

• Successfully represented Farmec SA before the Court of Apeal in a dispute with the Romanian tax authorities (ANAF) obtaining the annulment of a taxation decision of approximately EUR 15 million;

• Successfully represented Krakenhaus Beteiligungs GmbH, one of the leading private all-round- operators of healthcare services in Austria and Central- and Eastern Europe, in a litigation for the recovery of a significant debt;

• Successfully assisted Raiffeisen Evolution, the real estate development arm of Raiffeisen Bank, in the largest real estate transaction in 2014 on the Romanian market: the sale of its flagship shopping centre, Promenada Mall (38,209 m² of GLA). The transaction was complex and involved heavily litigation work. The transaction was completed in record time – only six weeks;

• Assistance to Orange România SA, a member of France Telecom in a EUR multi million commercial dispute with a trade partner in the context of the latter’s insolvency. Ongoing legal partner of Orange in various other disputes;

• Legal advisor to Nestle Romania, a subsidiary of Nestlé SA, a global nutrition, health and wellness company, involving ongoing complex tax, IP rights, labour and consumers litigation matters;

• Assistance to Holcim (Romania) SA, part of Holcim Group, one of the world's leading suppliers of cement, ready-mixed concrete, as well as aggregates and constructions-related services, in connection with the annulment of a three-to-two merger clearance decision of the national competition authority;

• Successful legal assistance to Wirom Gas Romania SA, part of the Wintershall/GDF Suez, one of the main natural gas distributors and suppliers, concerning ongoing administrative and tax disputes;

• Legal advisor to Hidroelectrica, the main hydro energy producer in Romania, in ongoing tax disputes.

Career

• Partner, Biris Goran SPARL (2014 – present)
• Senior Associate, Biris Goran SCPA (2009 - 2013)
• Co-founding Partner, Mircea & Asociatii (2006 - 2008)
• Founder, Mihai Nusca Law Office

Education

• University of Craiova, Faculty of Law (Law Degree, 2002)