Litigation

A client who is facing litigation, whether as plaintiff or defendant, must consider a number of cost/benefit and risk factors that are likely to impact the bottom line.

Issues such as potential recovery, timing, costs and expenses, and possible decisions or orders could have significant impact on both operations and reputation in Romania - all of which can be challenging to predict.

Biriş Goran's reputation stems primarily from its excellence in "deal entry" and facilitating the closings of transactions, but we also advise on "deal exits", should there be a falling out in our clients' day-to-day business affairs. We have experienced litigators on our team, including a former judge, who are able to minimize the uncertainties by providing a solid foundation of practical experience. This enables us to help our clients navigate all possibilities and options available to them in this unfamiliar environment. 

We provide our clients with comprehensive advice at every stage of a controversy; whether it is proactive problem avoidance, effective negotiation and settlement, or vigorous advocacy both in court and before governmental agencies and tribunals. We also have experience in handling domestic and international commercial arbitrations.

A forte of our practice is tax litigation, where we currently represent institutional clients and high-net-worth individuals against the tax authorities on litigation related to VAT reimbursements, excise and other fiscal obligations and tax audits, for EUR multi-million amounts. As particular detail to support the “innovative” attribute of our litigation practice, in some administrative and tax disputes our arguments found successful in court determined the Romanian state to amend the legislation in the energy and tax sectors.

Recent mandates include:

Successfully represented Impuls Leasing Romania in a tax dispute where the High Court of Cassation ordered the General Administration of Large Taxpayers to pay our client record compensations of approximately 1.7 million EUR for mismanagement of VAT reimbursements. The decision is definitive;

Assisting Banca Comercială Română, a member of Erste Group, in the biggest tax dispute pending in the Romania’s market;

Successfully represented Farmec, the largest cosmetics manufacturer in Romania, in a complex tax litigation case triggered by a tax decision issued by the tax authorities. Recently, our team obtained the annulment of a taxation decision of approximately EUR 15 million and the court decision is final;

Successfully represented Donalam, local subsidiary of AFV Beltrame Group, leading European manufacturer of merchant bars and special profiles for construction, shipbuilding and excavation, in a tax dispute and obtained the largest compensation amounts asked to the Romanian tax authorities;

Assistance to Orange România, a member of France Telecom in a EUR multi million commercial dispute. Ongoing legal partner of Orange in various other disputes;

Legal advisor to Nestlé Romania, a subsidiary of Nestlé SA, a global nutrition, health and wellness company, regarding ongoing complex tax disputes involving excise duties;

Legal advisor to Publicis Groupe, the world’s third largest communications group, in a dispute regarding the annulment of a decision issued by the Romanian Competition Council;

Legal advisor to Baum, one of the largest local gambling games producing company founded in 1993 and the only local hardware and software slot machine producing company and exporter in a variety of countries in the world, in a complex tax dispute;

Legal advisor to Immofinanz, leading European commercial real estate group, in ongoing tax disputes;

Legal advisor to UniCredit Leasing Corporation IFN SA in a dispute with the Romnian Competition Council whereby the client challenged the Council’s decision, following a dawn raid, to collect a legal memo protected by legal privilege;

Legal advisor to Viessmann Romania, part of the Viessmann Group leading international heating systems manufacturer, in a dispute seeking the annulment of a decision issued by the Romanian Competition Council;

Advising PALMED, the Patronage of Private Medical Services Providers in Romania, in an administrative and competition dispute for the partial annulment of the Goverrnment decision which approves the services packages and the frame agreement for granting medical assistance in Romania.