Tax disputes (including assistance in various administrative procedures)
Our team of lawyers provides legal services to clients in tax matters, starting from the tax inspections conducted by tax, customs, or environmental authorities. Furthermore, because experience has shown us that preparation for a tax audit is essential, we provide our clients with specialized opinions on the tax treatment applicable to the transactions they intend to undertake. In cases where tax authorities issue tax assessment decisions, we are at the disposal of our clients to provide assistance and representation before the tax authorities for challenging the tax assessment decisions, as well as before the national courts of law, if administrative procedures are insufficient to resolve the disputes. Additionally, D&B David şi Baias lawyers have extensive experience in obtaining the annulment of unlawfully initiated forced executions and provide support to clients in all necessary steps during forced execution. Last but not least, when domestic remedies fail to yield the desired results, D&B David şi Baias lawyers do not hesitate to resort to international instruments, specializing in mutual agreement procedure (MAP), procedures before the Court of Justice of the European Union, the European Court of Human Rights, or in arbitrations that also raise tax law issues in front of some arbitral courts (ICC, LCIA, etc.), as well as procedures for the violation of EU law before the European Commission.
Specialized courses for clients
Our extensive experience accumulated over time allows us to prepare clients for any type of audit conducted by tax authorities or other state agencies (tax, customs, environmental, competition, etc.) by organizing specialized courses or customized workshops. Within these activities, clients are trained to anticipate unforeseen situations that may arise during any type of audit and to ensure that authorities apply and interpret legislation or European case law taking into account the specificities and the business profile of each client.
D&B David şi Baias is recognized among its clients for the services it provides in the field of administrative litigation. The assistance provided to clients involves challenging both individual administrative acts (decisions, licenses, permits, approvals, etc.) and normative administrative acts (such as ministerial orders, government resolutions, etc.). D&B David şi Baias lawyers are prepared to guide their clients throughout the entire administrative procedure, starting from the pre-litigation phase, often achieving favorable solutions without the intervention of the courts. In situations where challenging the administrative acts issued by authorities is necessary, D&B David şi Baias offers legal services for both the pre-litigation phase, characteristic of administrative disputes, and the judicial phase. Due to the experience gained in various areas of law, our litigating lawyers provide legal services aimed at challenging a wide range of administrative acts issued by any public authority or institution (Court of Accounts, National Broadcasting Council, Financial Supervision Authority, etc.).
D&B David şi Baias lawyers have successfully assisted clients in national courts in major disputes concerning the challenging of decisions issued by the Competition Council for alleged violations of competition regulations (e.g., market sharing, cartels, abuse of dominant position, etc.). The integrated team of litigating lawyers and lawyers specialized in competition law allows for an unified approach from the beginning of the investigation, providing assistance even in disputes arising during the Competition Council’s investigation, such as appeals against the inspection authorization decision or actions to annul inspection orders issued by the Competition Council.
Assistance in litigation concerning public procurement procedures
- assistance in the preparation of documentation for awarding public procurement contracts assistance in the preparation of the necessary documentation for participation in the procedures for awarding public procurement contracts assistance in the administrative-jurisdictional procedure before the National Council for the Resolution of Contestations;
- assistance before the competent courts regarding the appeals against the results of the awarding procedures and decisions of the National Council for the Resolution of Contestations, for defending the interests of the tenderer who was awarded the contract or to defend the interests of the contracting authority;
- assistance before the competent courts for suspending the effects of the results of public procurement procedures and decisions of the National Council for the Resolution of Contestations;
- assistance in disputes regarding the execution of contracts awarded in public procurement procedures;
Commercial disputes, including arbitration and alternative dispute resolution
- assistance to clients involved in disputes regarding the execution of commercial contracts;
- assistance to clients in various disputes regarding unfair competition;
- assistance to clients in various commercial disputes; assistance to clients in alternative dispute resolution procedures, including local and international arbitration;
- assistance to clients regarding the execution and/or chanllanges regarding the execution of commercial contracts.
- assistance to clients involved in various real estate disputes (including restitution of properties confiscated by the communist regime);
- assistance to clients in disputes related to land book deeds;
- assistance to clients involved in disputes regarding intellectual and industrial property rights;
- assistance to clients involved in litigation against their competitors regarding the use of trademarks and industrial designs.
- assistance provided to clients in cases where employees challenged the termination of individual employment contracts, disciplinary sanctions or annual evaluation results;
- assistance provided to clients in disputes involving alleged violations of employment contracts (salaries, bonuses, other compensations, etc.);
- assistance given to clients involved in disputes regarding collective bargaining contracts and trade union representation; assistance given to clients in procedures regarding discrimination and/or harassment.
Dan Dascălu, Partner
Ana-Maria Iordache, Partner
Mihail Boian, Partner
- Companies and Groups of Companies
- Mergers & Acquisitions and Restructuring
- Competition and State Aid
- Intellectual Property and E-commerce
- Data Protection
- Real Estate
- Employment and Human Resources
- Public Procurement
- Banking, Financing & Securities
- Environmental Law
- Energy, Oil and Gas
- IT & Telecom
- Retail and Consumer Protection
- Environmental, Social, and Governance