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.

BirișGoran’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 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.

Practice Areas

Recent mandates include:

Impuls Leasing Romania
Impuls Leasing Romania
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;
Banca Comercială Română
Banca Comercială Română
Assisting Banca Comercială Română, a member of Erste Group, in the largest tax dispute pending on the Romanian market;
A major global FMCG producer
A major global FMCG producer
Assisting a major global FMCG producer, in a major tax dispute following the company being subject to a large tax audit on transfer pricing matters and also during a Mutual Agreement Procedure, in accordance with the European Convention of Arbitration;
Farmec
Farmec
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;
Donalam
Donalam
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;
Baum
Baum
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;
UniCredit Leasing Corporation IFN SA
UniCredit Leasing Corporation IFN SA
Legal advisor to UniCredit Leasing Corporation IFN SA in a dispute with the Romanian Competition Council whereby the client challenged the Council’s decision, following a dawn raid, to collect a legal memo protected by legal privilege;
Viessmann Romania
Viessmann Romania
Assisted 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;
CT Park
CT Park
Successfully represented CT Park, a real estate developer, building and operating high tech business parks throughout the Central and Eastern Europe, in various tax litigation files concerning applicable of VAT to its complex operations. Recently, the local courts issued a ground breaking decision that may lead to changes in tax authorities law interpretation and possible in law enactment;
A leading construction, technology and service company
A leading construction, technology and service company
Successfully represented a leading construction, technology and service company in a tax dispute concerning construction works carried out by our client in public procurement contracts. Early this year the first court accepted our claim and cancelled all tax obligations;
Distribuție Energie Electrică România
Distribuție Energie Electrică România
Representing Distribuție Energie Electrică România (formerly known as Electrica Muntenia Nord SA), the largest Romanian energy distributor, member of Electrica group, in a complex tax dispute, which involves multi-disciplinary matters including fiscal, administrative, criminal, regulatory, and civil. The dispute is pending at the High Court of Justice. If the arguments raised for the client before the court will be accepted, this will result in sweeping changes of the energy sector legislation with direct influence in the operations of all the players in the energy sector;
Low & Bonar
Low & Bonar
Legal advisor to Low & Bonar, global leader in manufacturing high-performance materials, concerning legal advice and assistance in a white-collar matter against rogue employees including legal representation before the criminal courts of law;
Engie
Engie
Assisted Engie, one of the two main suppliers and distributors of natural gas in Romania, in antitrust litigation with the Competition Council in a vertical price fixing case, now heard by the Romanian High Court of Justice;
Biochem A
Biochem A
Assisted Biochem A, unique company in Romania providing industrial biocides solutions for the protection of wood and different other media against biodeterioration, with regards to a dispute involving an EU infringement case against Romania;
PALMED
PALMED
Advising PALMED, the Patronage of Private Medical Services Providers in Romania, in an administrative and competition dispute for the partial annulment of the Government decision which approves the services packages and the frame agreement for granting medical assistance in Romania.

Practice Areas

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