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 major mandates include:

Our litigation and tax teams registered repeated victories for our client Farmec SA, the largest cosmetics manufacturer in Romania, against Romanian fiscal authorities, in ongoing tax disputes. Recently, our team obtained in first court the annulment of a taxation decision of approximately EUR 15 million;

Legal advisor to Renergy Power Plants, a leading local player in photovoltaic market, in various transnational commercial and insolvency disputes;

Legal advisor to Cramele Halewood, one of the local largest wine producers in various disputes involving damages against the public regulators;

Legal advisor to Hidroelectrica, the main hydro energy producer in Romania, in a tax dispute;

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

Legal advisor to Baum SRL, 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;

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

Legal advisor to Remat Vâlcea SA, one of the local largest recyclers, in ongoing various tax and insolvency disputes;

Legal advisor to Filip D Impex a regional meat producer founded in 1995, in a tax dispute;

Legal advisor to Electrica Distribuţie Muntenia Nord SA one of the local largest energy distributor, in ongoing various tax disputes;

Legal counsel to Unicom one of the local largest wine producers, in various tax and commercial disputes;

Legal advisor to Remat Holding, one of the biggest local recyclers, in various tax disputes.