Projects
Major Projects in 2010
S.C. RAFO S.A. - representing the Company’s interests in the case file on insolvency proceedings. The Brasov Tribunal issued Civil Judgment no. 1224/SIND/June the 21nd, 2010, for closing the insolvency proceeding filed against S.C. RAFO S.A., as debtor. Brasov Tribunal’s civil judgment is final and enforceable, S.C. RAFO S.A. being entitled to all the benefits established by the judge appointed for the closing of the reorganization proceeding, and also to resume its business activity.
THE MINISTRY OF PUBLIC FINANCE - CENTRAL FINANCE AND CONTRACTS UNIT - legal assistance and representation. Representation during a complex arbitration dispute over the performance of an ISPA-funded agreement, the related claims amounting to € 15mn.
S.C. CICALEX S.A. – representation in the dispute against AVAS and ANAF over facilities for the payments due to the budget. We obtained a final decision obligating AVAS and ANAF to order that the Client be granted reliefs in respect of the payments it owed to the budget between December the 31st, 2002, and December the 31st, 2003.
S.C. IMPACT S.A. – representation in the applications for provisionally staying the award on instituting insolvency proceedings against S.C. IMPACT S.A. We obtained the provisional stay of the award on instituting insolvency proceedings against S.C. IMPACT S.A..
S.C. CONPET S.A. – representation during the dispute against Pirelli pending with the Ploiesti Court of Appeals and the High Court of Cassation and Justice. A cassation decision and the submission to retrial were obtained. In the dispute conducted before the Prahova Tribunal, the action filed by S.C. PIRELLI TYRES ROMANIA S.R.L. was admitted, while S.C. CONPET S.A. was obligated to pay approximately lei 2,300,000 worth of damages.
AGENTIA NATIONALA PENTRU LOCUINTE – representation during the disputes against S.C. FILDEN GROUP SRL pending with the High Court of Cassation and Justice and the Bucharest Tribunal. We obtained the stay of a decision issued by the Bucharest Court of Appeals, which obligated ANL to pay lei 503,765.74.
S.N.G.N. ROMGAZ S.A. – representation during a dispute against SC INTERAGRO SA, pending with the Bucharest Tribunal.
VOLKSBANK ROMANIA SA – legal assistance and representation in actions for claim, declaratory actions, insolvency proceedings.
Societatea Nationala Institutul Pasteur – legal assistance and representation in patrimonial liability actions and labor disputes.
S.C. URBAN ELECTRIC S.R.L. - legal assistance and representation in disputes over claims.
ASTALDI SpA ITALIA – legal assistance and representation in disputes and arbitration proceedings.
Major Projects in 2009
TIMPURI NOI S.A. – legal assistance and representation in several disputes
Winning by irrevocable decision the second appeal against the decision to initiate the general insolvency procedure, action brought by S.C. TRIADA PROD IMPEX S.R.L. and Mr. Bolboasa Alberto Ovidiu Paul, former manager of the company;
Winning the disputes initiated by Mr. Bolboaşă Alberto Ovidiu Paul, former manager of the company, whereby he requested the cancellation of certain resolutions of the General Shareholders' Meeting against S.C. TIMPURI NOI S.A. and the transfer of certain shares of SC TIMPURI NOI SA to his patrimony;
Actions for recovery of possession and actions filed pursuant to Law no. 10/2001.
S.C. RAFO S.A. – legal assistance and representation in several disputes
Winning by irrevocable decision the second appeal filed by Glencore Energy U.K. against the judgment delivered by the court of first instance which rejected the challenge to the official receiver's decision of not registering a receivable of USD 75,000,000, in the list of creditors of S.C. RAFO S.A., as groundless;
Representation of the company's interests in the case file on the insolvency procedure against S.C. RAFO S.A.
S.C. DONAU CHEM S.R.L. – legal assistance and representation
S.C. DONAU CHEM S.R.L. was withdrawn from the insolvency procedure winning the second appeal against the decision of initiation of the insolvency procedure pronounced by Teleorman Court of Law.
MINISTRY OF COMMUNICATIONS AND INFORMATION SOCIETY – legal assistance and representation
Winning at first instance in the action brought by VODAFONE România; the object of the action was the annulment of a legislative act on the granting of a mobile phone licence obtained by ROMTELECOM.
MINISTRY OF PUBLIC FINANCE – CENTRAL FINANCE AND CONTRACTING UNIT – legal assistance and representation
Representation in complex litigation and arbitration related to the performance of contracts financed by ISPA and PHARE (termination of contract, annulment of administrative acts, suspension of transfer deeds, claims, conservatory attachments, cancellation of tax and charge control report, arbitration actions, cancellation of the procedure for contract award, suspension of administrative acts implementation, challenges to enforcement, bribery, complaints against the public prosecutor's non-suit decisions or orders, procedure of insolvency).
CITY HALL OF SECTOR 1 BUCHAREST
Winning the second appeal filed by the Mayor of sector 1 against the judgment pronounced by Dâmboviţa Court of Law having ordered cancellation of the building permit issued by the Mayor of Sector 1 Bucharest in favour of Millenium Building Development for the Cathedral Plaza project;
Representation of the interests of City Hall Sector 1 Bucharest in the disputes against the garbage-collection companies.
S.C. SHAPIR SIBIU S.R.L.
Winning the second appeal filed against the decision to initiate the insolvency procedure against S.C. SHAPIR SIBIU S.R.L.
ASTALDI SpA ITALIA
Legal assistance and representation in disputes and arbitration procedures.
Older Projects
Project Development of settlement procedure of the notifications filed by virtue of Law no. 10/2001 on the legal regime of real estate abusively taken over during 6 March 1945 – 22 December 1989
S.C. RAFO S.A. - representing the Company’s interests in the case file on insolvency proceedings. The Brasov Tribunal issued Civil Judgment no. 1224/SIND/June the 21nd, 2010, for closing the insolvency proceeding filed against S.C. RAFO S.A., as debtor. Brasov Tribunal’s civil judgment is final and enforceable, S.C. RAFO S.A. being entitled to all the benefits established by the judge appointed for the closing of the reorganization proceeding, and also to resume its business activity.
THE MINISTRY OF PUBLIC FINANCE - CENTRAL FINANCE AND CONTRACTS UNIT - legal assistance and representation. Representation during a complex arbitration dispute over the performance of an ISPA-funded agreement, the related claims amounting to € 15mn.
S.C. CICALEX S.A. – representation in the dispute against AVAS and ANAF over facilities for the payments due to the budget. We obtained a final decision obligating AVAS and ANAF to order that the Client be granted reliefs in respect of the payments it owed to the budget between December the 31st, 2002, and December the 31st, 2003.
S.C. IMPACT S.A. – representation in the applications for provisionally staying the award on instituting insolvency proceedings against S.C. IMPACT S.A. We obtained the provisional stay of the award on instituting insolvency proceedings against S.C. IMPACT S.A..
S.C. CONPET S.A. – representation during the dispute against Pirelli pending with the Ploiesti Court of Appeals and the High Court of Cassation and Justice. A cassation decision and the submission to retrial were obtained. In the dispute conducted before the Prahova Tribunal, the action filed by S.C. PIRELLI TYRES ROMANIA S.R.L. was admitted, while S.C. CONPET S.A. was obligated to pay approximately lei 2,300,000 worth of damages.
AGENTIA NATIONALA PENTRU LOCUINTE – representation during the disputes against S.C. FILDEN GROUP SRL pending with the High Court of Cassation and Justice and the Bucharest Tribunal. We obtained the stay of a decision issued by the Bucharest Court of Appeals, which obligated ANL to pay lei 503,765.74.
S.N.G.N. ROMGAZ S.A. – representation during a dispute against SC INTERAGRO SA, pending with the Bucharest Tribunal.
VOLKSBANK ROMANIA SA – legal assistance and representation in actions for claim, declaratory actions, insolvency proceedings.
Societatea Nationala Institutul Pasteur – legal assistance and representation in patrimonial liability actions and labor disputes.
S.C. URBAN ELECTRIC S.R.L. - legal assistance and representation in disputes over claims.
ASTALDI SpA ITALIA – legal assistance and representation in disputes and arbitration proceedings.
Major Projects in 2009
TIMPURI NOI S.A. – legal assistance and representation in several disputes
Winning by irrevocable decision the second appeal against the decision to initiate the general insolvency procedure, action brought by S.C. TRIADA PROD IMPEX S.R.L. and Mr. Bolboasa Alberto Ovidiu Paul, former manager of the company;
Winning the disputes initiated by Mr. Bolboaşă Alberto Ovidiu Paul, former manager of the company, whereby he requested the cancellation of certain resolutions of the General Shareholders' Meeting against S.C. TIMPURI NOI S.A. and the transfer of certain shares of SC TIMPURI NOI SA to his patrimony;
Actions for recovery of possession and actions filed pursuant to Law no. 10/2001.
S.C. RAFO S.A. – legal assistance and representation in several disputes
Winning by irrevocable decision the second appeal filed by Glencore Energy U.K. against the judgment delivered by the court of first instance which rejected the challenge to the official receiver's decision of not registering a receivable of USD 75,000,000, in the list of creditors of S.C. RAFO S.A., as groundless;
Representation of the company's interests in the case file on the insolvency procedure against S.C. RAFO S.A.
S.C. DONAU CHEM S.R.L. – legal assistance and representation
S.C. DONAU CHEM S.R.L. was withdrawn from the insolvency procedure winning the second appeal against the decision of initiation of the insolvency procedure pronounced by Teleorman Court of Law.
MINISTRY OF COMMUNICATIONS AND INFORMATION SOCIETY – legal assistance and representation
Winning at first instance in the action brought by VODAFONE România; the object of the action was the annulment of a legislative act on the granting of a mobile phone licence obtained by ROMTELECOM.
MINISTRY OF PUBLIC FINANCE – CENTRAL FINANCE AND CONTRACTING UNIT – legal assistance and representation
Representation in complex litigation and arbitration related to the performance of contracts financed by ISPA and PHARE (termination of contract, annulment of administrative acts, suspension of transfer deeds, claims, conservatory attachments, cancellation of tax and charge control report, arbitration actions, cancellation of the procedure for contract award, suspension of administrative acts implementation, challenges to enforcement, bribery, complaints against the public prosecutor's non-suit decisions or orders, procedure of insolvency).
CITY HALL OF SECTOR 1 BUCHAREST
Winning the second appeal filed by the Mayor of sector 1 against the judgment pronounced by Dâmboviţa Court of Law having ordered cancellation of the building permit issued by the Mayor of Sector 1 Bucharest in favour of Millenium Building Development for the Cathedral Plaza project;
Representation of the interests of City Hall Sector 1 Bucharest in the disputes against the garbage-collection companies.
S.C. SHAPIR SIBIU S.R.L.
Winning the second appeal filed against the decision to initiate the insolvency procedure against S.C. SHAPIR SIBIU S.R.L.
ASTALDI SpA ITALIA
Legal assistance and representation in disputes and arbitration procedures.
Older Projects
Project Development of settlement procedure of the notifications filed by virtue of Law no. 10/2001 on the legal regime of real estate abusively taken over during 6 March 1945 – 22 December 1989
Year 2005-2007
Client Societatea Nationala a Sarii S.A.
Activities Legal assistance and representation in the performance of the legal settlement procedure of the complaints filed with the competent law courts against the decisions issued by virtue of Law no. 10/2001 by Societatea Nationala a Sarii S.A., drafting typical procedural acts.
Project Development of procedure of granting damages by virtue of Law no. 247/2005 on reform in the fields of property and justice, as well as some ancillary measures, Title VII related to the regime of establishment and payment of damages for real estate abusively taken over
Year 2006 – present
Client S.C. Fondul Proprietatea S.A.
Activities Legal assistance and advice concerning the development of the administrative procedure for granting damages related to the real estate abusively taken over, as well as representation of the interests of S.C. Fondul „Proprietatea” S.A. in the legal settlement procedure of complaints filed against the decisions issued by the Central Commission for Assessing Damages.
Project Legal assistance and representation
Year 2006 – present
Client National Company Posta Romana
Activities Legal assistance and representations in litigations having as object public procurement, drafting typical procedural acts.
Project Legal assistance and representation
Year 2006 – present
Client S.C. Evolva Telecom S.R.L.
Activities Legal assistance and representations in litigations having as object claims, recovery of company debts deriving from Internet services agreements .
Project Legal assistance and representation
Year 2006 – present
Client Ministry of Communications and Information Technology
Activities Legal assistance and representations in litigations having as object complaints filed by virtue of Law no. 10/2001 .
Project Legal assistance and representation
Year 2006-2007
Client C.N. POSTA ROMANA S.A.
Activities Representation before law courts, in litigations on civil and commercial law, having as object challenges on enforcement, opposition to a bill of exchange.
Project Legal assistance and representation
Year 2007
Client Ministry of Communications and Information Technology
Activities Representations before law courts, in administrative litigations, having as object the action for annulment of administrative deed, suspension of enforcement of administrative deeds
Project Legal assistance and participation in negotiations in view of lease of commercial premises
Year 2006
Client S.C. U.S. FOOD NETWORK S.A.
Activities Legal assistance, agreement analysis and participation in negotiations in view of lease of commercial premises
Project Legal assistance and representation
Year 2006-2007
Client NATIONAL ADMINISTRATION „APELE ROMANE” S.A.
Activities Legal assistance and representation before law courts in litigations of civil law, having as object challenges on enforcement
Project Legal assistance and representation
Year 2006-2007
Client COMMERCIAL BANK UNICREDIT-TIRIAC BANK S.A.
Activities Legal assistance and representation before law courts in commercial litigations – insolvency procedure, representation in the creditors’ assembly
Project Legal assistance and representation
Year 2006-2007
Client RAIFFEISEN BANK S.A.
Activities Legal assistance and representation before law courts in litigations of criminal law, having as object felonies of embezzlement, fraud, forgery and use of forged documents.
Project Legal assistance and representation
Year 2006-2007
Client S.C. AGRIPROJECTS S.R.L.
Activities Legal assistance and representation before law courts in litigations of commercial law, having as object action for declaration of absolute nullity of the resolution of GMS, suspension of GMS resolution
Project Debt recovery
Year 2005-2007
Client S.C. Loulis S.A.
Activities Legal assistance and representation in challenges on enforcement, validation of garnishment and in any legal action in connection with the judicial enforcement; legal assistance in view of appending with a writ of enforcement the court decisions whose object consists in ordinances for issuance of the payment summons; legal assistance in the choice of bailiffs, representation for fulfilling the necessary formalities before bailiff offices.
Project Debt and GPL tank recovery
Year 2006 – present
Client Butan Gas Romania
Activities Legal assistance in the choice of bailiffs, representation for fulfilling the necessary formalities before bailiff offices, fees negotiation, participation next to the bailiff in the performance of movable judicial enforcement procedures.
Project Recovery of debts due to 700 debtors natural persons, as a result of non-payment of the consumer loans contracted by S.C. Altex Impex S.R.L.
Year 2007 – present
Client Credit Europe Bank (Romania) S.A.
Activities Legal assistance in the choice of bailiffs, representation for fulfilling the necessary formalities before bailiff offices, fees negotiation, preparation of files in view of transmission of deeds to bailiffs.
Project Legal assistance and representation
Year 2004 – 2006
Client National Administration „Apele Romane”
Activities Legal assistance and representation in cases registered on the roll of law courts, versus the Economic Manager Ursan Dorina – labour disputes on reintegration on a position.
Assistance and representation in criminal complaints filed by the Administration against Dorina Ursan, as well as in those filed by the Ministry of Environment and Water Management
Project Legal assistance and representation
Year 2007
Client Local Council of city Pitesti
Activities Legal assistance and representation in litigations with SC Lea International, derived from the Contract of collaboration concluded between the two, whereby the Local Council undertakes to make available to Lea International Amplasamentul ALBOTA, with a view to building an ecologic waste warehouse.
Project Legal assistance and representation
Year 2007
Client County Council Arges
Activities Legal representation in the litigation with SC Vlasia SRL, having as object damages as a consequence of the failure to award to it the public procurement agreement regarding the grant of dairy and pastry products for the pupils in the county of Arges.
Project Legal assistance and representation
Year 2006 – present
Client The Ministry of Public Finance – The Office for Payment and Contracting PHARE
Activities Legal assistance and representation MEF – OPCP before law courts of all degrees, in litigations of tax law, commercial law /insolvency procedure and administrative litigations.
Legal assistance and representation MEF – OPCP before the International Chamber of Commerce of Paris.
Legal assistance and representation MEF – OPCP before the Constitutional Court.
Drafting decisions for settlement of challenges against control deeds and/or of taxation concluded by O.P.C.P.
Drafting legal opinions on specific issues for implementation and development of PHARE projects in Romania.
Project Legal assistance and representation
Year 2006 – present
Client Ministry of Communication and Information Technology
Activities Legal assistance and representation of the Ministry of Communication and Information Technology in litigations of administrative law
Project Legal assistance and representation
Year 2006- present
Client National Company Posta Romana S.A.
Activities Representation of National Company „Posta Romana” S.A. in litigations of commercial, tax and administrative law.
Representation of National Company „Posta Romana” S.A. in the insolvency procedure, in files where CNPR has the capacity of creditor, as well as in the file having as object the request to initiate the insolvency procedure filed against CNPR by SC Postcom SA.
Project Legal assistance and representation
Year 2007- present
Client S.C. Omniasig Asigurari de Viata S.A.
Activities Representation of S.C. Omniasig Asigurari de Viata SA. in labor law litigations.
Project Legal due diligence at S.C. Amplast S.A.
Year 2007
Client Lariplast S.A., Greece
Activities Drafting due diligence on litigations involving SC Amplast S.A.
Project Legal assistance and representation
Year 2005-2007
Client S.C. Loulis S.A.
Activities Services of negotiation and trading in the procedures of debt recovery, client representation in procedures of direct conciliation.
Legal assistance and representation before law courts in common law actions or in actions of debt recovery by special procedure of payment summons.