Litigation

//Litigation
Litigation2018-11-07T12:14:13+00:00

Tax litigation (including assistance during various administrative proceedings)

  • assisting clients during tax inspections and / or with any issues arising from their day-to-day business activity related to tax and tax procedures;
  • assisting clients in challenging tax decisions and inspection minutes issued by the tax authorities for alleged breaches of rules concerning:
    • various taxes and contributions regulated by the Tax Code (such as VAT, profit tax and TP matters, withholding tax, excise taxes, social contributions, income tax, local tax, other taxes and contributions regulated by other legal provisions etc.);
    • contributions to the Environmental Fund;
    • customs regime;
  • assisting clients with challenging enforcement procedures illegally stated by the tax authorities (e.g. lack of claim title, enforcement of state claims in violation of the legal provisions etc.);
  • assisting clients in mutual agreements procedures (MAP) under double taxation agreements and the procedures for avoiding double taxation provided by the Arbitration Convention of the EU in Transfer pricing;
  • assisting clients before the European Court of Justice in preliminary queries and the European Court of Human Rights, and with infringement procedures before the European Commission.

Training and specialist courses for clients and tax authorities

  • organising tailored courses, training and workshops:
    • preparing our clients for any type of fiscal inspections (tax inspections and unannounced inspections carried out by tax inspection services within the National Agency for Fiscal Administration, Environment Fund Administration, operative inspections carried out by the National Anti-Fraud Directorate etc.);
    • preparing our clients when applying and interpreting national tax procedural legislation and European case law in their daily activities;
  • organising training and various courses for professionals in various public authorities.

Administrative litigation

  • assisting clients in challenging administrative acts issued by the Romanian authorities (legislative acts, licences, authorisations and permits etc.);
  • assisting clients in challenging measures imposed by the Court of Accounts, National Council for Audiovisual, Financial Supervisory Authority etc.;
  • assisting clients in procedures carried out by administrative authorities for challenging in courts measures adopted by such authorities;
  • assisting clients in challenging fines imposed by the Romanian tax authorities for various reasons, such as:
    • fines imposed on banking institutions for breaching relevant banking regulations;
    • fines imposed for breaches of the legal framework applicable to constructions, accounting regime, excise and customs regime.

Competition litigation

  • assisting clients in challenging the Competition Council’s decisions on alleged breaches of competition regulations (e.g. market sharing, cartels, abuse of dominant position etc.);
  • legal assistance regarding litigation arising within Competition Council investigations, such as challenges against inspections, authorisations, decisions or actions for the annulment of the inspection orders issued by the Competition Council.

Public Procurement litigation

  • legal assistance in respect of notification proceedings to contracting authorities regarding breaches of legal provisions in respect of contract awarding;
  • legal assistance during administrative-judicial proceedings before the National Council for Solving Complaints (CNSC) regarding challenging the results of public procurement proceedings, in defending the interests of either the tenderers to whom the contract was awarded or tenderers challenging the results of the tender, or in defending the interests of the contracting authority;
  • legal assistance in challenging results of public procurement proceedings and CNSC decisions before the competent law courts, in defending the interests of the tenderer to whom the contract was awarded or defending the interests of the contracting authority;
  • legal assistance in suspending the effects of results of public procurement proceedings and CNSC decisions before the competent law courts;
  • legal assistance in disputes regarding performance of contracts awarded in public procurement proceedings;
  • legal assistance regarding claims for damages incurred by tenderers in connection with procedures for which the results were annulled either by CNSC or by Courts of Law.

Commercial law litigation, including arbitration and alternative dispute resolution

  • assisting clients involved in commercial disputes regarding the execution of commercial agreements;
  • assisting various clients in unfair competition disputes;
  • assisting clients in various commercial lawsuits;
  • assisting clients in alternative dispute resolution procedures, including local and international arbitration;
  • assisting clients with enforcing and / or challenging commercial agreement enforcement.

Civil law litigation

  • assisting clients in real estate lawsuits:
    • assisting clients in various real estate lawsuits, including restitution of properties seized by the Communist Regime;
    • assisting clients in Land Book litigations;
  • assisting clients in intellectual and industrial property rights litigation;
  • assisting clients in disputes against their competitors with regard to the use of trademarks and industrial drawings.

Employment litigation

  • assisting clients in cases where employees challenge the termination of their individual employment agreements;
  • assisting clients in litigation involving alleged breaches of the employment agreements (salaries, bonuses, other compensation etc.);
  • assisting clients in disputes regarding collective bargaining agreements and trade union representation;
  • assisting clients in procedures regarding discrimination and / or harassment.

Contact

Dan Dascălu, Partner
dan.dascalu@david-baias.ro

Ana-Maria Iordache, Partner
ana-maria.iordache@david-baias.ro

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