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, 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;

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

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 Grup Servicii Petroliere, leading regional player providing on and offshore integrated services for oil and gas industry, member of UPETROM Group, in a tax dispute involving VAT;

Legal advisor to Romaqua Group, leading Romanian mineral water producer, in a tax dispute for the annulment of approximately EUR 9 million to claim;

Legal advisor of International Contract Engineering, (part of International Contract Engineering (ICE) Group, Europe’s largest independent ship design consultancy) in the insolvency of Icepronav Engineering SRL regarding an alleged receivable of the Constanta Shipyard arising from a disputed pre-insolvency agreement with the insolvent company and alleged damages for various contract breaches;

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;

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

Legal advisor to Remat Holding and Remat Vâlcea SA, leading local largest recyclers, in ongoing various tax and insolvency disputes;

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.