Legal assistance and representation for the acquisition of one (1) complete automatic profile de-stacking and packing lines for aluminium alloy profiles. The EUR 6,500,000 project is under execution being part of Innovation Norway grant being based on a complex financing scheme in terms of own and bank capital, followed by reimbursement procedures specific to the Norwegian grants. Several international financial security options were negotiated during the project such as e.g. advance payment reimbursement bank guarantee letters (APG); letters of credit (L/C); performance bonds.
Legal assistance and representation for the acquisition of one (1) complete extrusion plant. The EUR 9,600,000 project involved complex financing i.e. investment credit facility combined with supplier credit back-up with international promissory notes. Several international financial security options were negotiated during the project such as e.g. advance payment reimbursement bank guarantee letters (APG); letters of credit (L/C); performance bonds for the good execution of the contractual performance indicators and KPI’s; international promissory notes.
Legal assistance and representation in collaboration with Ernst & Young Romania regarding a substantive fiscal control aimed at the profit tax and the value added tax. The amount of additional tax liabilities established by the tax control bodies exceeds EUR 5,300,000 (principal and ancillary tax liabilities). For the ancillary fiscal obligations a fiscal facility was obtained i.e. amnesty with cancelation of penalties. Following the amnesty and the administrative appeal the additional tax liabilities have been reduced to EUR less than EUR 1,300,000. For such remaining amount court proceedings are in progress.
The amount of additional tax liabilities established by the tax control bodies exceeds EUR 5,300,000 (principal and ancillary tax liabilities). For the ancillary fiscal obligations a fiscal facility was obtained i.e. amnesty with cancelation of penalties. Following the amnesty and the administrative appeal the additional tax liabilities have been reduced to EUR less than EUR 1,300,000. For such remaining amount court proceedings are in progress.
Assistance and legal representation of a client with over 300 employees regarding the disciplinary dismissal of the CEO according to art. 61 lit. a) in conjunction with art. 248 para. (1) lit. e) of Law no. 53/2003 - Labor Code, as subsequently amended and supplemented, the disciplinary sanction decisions having a cumulative pecuniary risk of over EUR 400 000; the decisions were challenged in court, the action and the appeal being rejected definitively.
Legal assistance and representation in collaboration with Deloitte Romania regarding a number of four (4) subsequent customs controls performed by the Craiova General Directorate of Customs, which aimed at verifying the imports of fiber optic cables from the USA and their tariff reclassification. The amount of additional tax liabilities established by the subsequent customs control bodies exceeds EUR 1,800,000 (principal and ancillary tax liabilities). For both the main fiscal obligations and the accessories, a fiscal facility was obtained i.e. payment rescheduling. Currently, the administrative-fiscal acts by which the additional fiscal obligations have been established are the object of four fiscal contentious files, both before the courts of first instance. In one of the cases, our request to refer the matter to the European Court of Justice (ECJ) for a preliminary ruling on the interpretation of certain EU provisions regarding customs legislation has been accepted.
Assistance and representation for a client with over 300 employees regarding the reorganization of the company and the cancelation of management and director positions according to art. 65 et seq. of Law no. 53/2003 - Labor Code, with subsequent amendments and completions. The redundancy decisions had a cumulative financial risk of more than EUR 288 000. The dismissal decisions were challenged in court by the employee, the action and the appeal being definitively rejected by the competent court of appeal.
Legal assistance for a joint stock company with over 1200 employees regarding the implementation of work at home at the level of TESA staff, management and directors according to art. 33 of the Decree of the President of Romania no. 195/2020 regarding the establishment of the state of emergency on the Romanian territory, art. 17 of Law no. 55 of 15 May 2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, with subsequent amendments and completions both in conjunction with the provisions of art. 48 thesis I of Law no. 53/2003 - Labor Code, with subsequent amendments and completions.
Legal assistance for a limited liability company with over 300 employees regarding the implementation of work at home at the level of TESA staff, management and directors according to art. 33 of the Decree of the President of Romania no. 195/2020 regarding the establishment of the state of emergency on the Romanian territory, art. 17 of Law no. 55 of 15 May 2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, with subsequent amendments and completions both in conjunction with the provisions of art. 48 thesis I of Law no. 53/2003 - Labor Code, with subsequent amendments and completions.
Legal assistance and representation for a client with over 1200 employees in the energy and telecommunications cables industry, regarding the implementation of the activity reduction according to art. 52 para. (1) lit. c), thesis II corroborated with art. 53 of law 53/2003 - Labor Code, with subsequent amendments and completions, as a result of the COVID-19 pandemic prevention legislation; implementation of normative acts issued in the context of the pandemic at the level of the employer.
Legal assistance and representation for a client with over 900 employees in the field of metal wires manufacturing regarding the implementation activity interruption according to art. 52 para. (1) lit. c), thesis I corroborated with art. 53 of law 53/2003 - Labor Code, with subsequent amendments and completions, as a result of the COVID-19 pandemic prevention legislation; implementation of normative acts issued in the context of the pandemic at the level of the employer.
Legal assistance and representation for a client with over 900 employees in the field of metal wires manufacturing regarding the implementation activity interruption according to art. 52 para. (1) lit. c), thesis I corroborated with art. 53 of law 53/2003 - Labor Code, with subsequent amendments and completions, as a result of the COVID-19 pandemic prevention legislation; implementation of normative acts issued in the context of the pandemic at the level of the employer.
Legal assistance and representation for a client with over 300 employees in the automotive parts and accessories industry, regarding the management of a spontaneous strike resulting in the cessation of production. The assistance included, among other things, the mediation of the collective labor dispute, the drafting of the related documents and resulted in the resumption of production.
Assistance and legal representation, appeal and annulment of decisions, reorganization of the county council and cancelation of positions. The dispute concerned the unilateral modification of an individual employment contract by an administrative act and the transformation of a contractual position into a public position. Although in a first instance the illegality of amending an individual employment contract by an administrative act was admitted, the court of judicial control pronounced a unique solution in the contemporary legal landscape (and which we trust will remain an isolated solution) and admitted, surprisingly, the possibility of amending an individual employment contract by a unilateral administrative act (unilateral provision issued on the basis of law no. 188/1999 on the status of civil servants, with subsequent modifications and completions).
Legal assistance and assistance for an employer with over 1200 employees in the telecommunications cable industry in six (6) collective negotiations. The assistance included, among others, the establishment of the strategy and the drafting of the documents related to the negotiation process, respectively the preparation of the registration file at the Territorial Labor Inspectorate in accordance with the provisions of art. 143 of Law no. 62/2011 of the social dialogue, with subsequent amendments and completions.
Legal assistance and representation of a client in collaboration with Deloitte Romania regarding a substantive fiscal control aimed at value added tax. The amount of additional tax liabilities established by the tax control bodies exceeded EUR 1,400,000 (principal and ancillary tax liabilities). The administrative-fiscal acts by which the additional fiscal obligations were established were annulled by the administrative and fiscal contentious courts, obtaining the reduction of the fiscal obligations from 1,400,000 EUR to less than 190,000 EUR.
Legal assistance regarding the reorganization of a craft cooperative with over 100 employees and correlative cancelation of positions based on art. 65 of Law 53/2003 - Labor Code in conjunction with art. 51 of the UCECOM Decision no. 11 of December 12, 2006, republished. The project was also a challenge for the court in terms of special legislation governing labor relations specific to the craft sector and how they conflict with the provisions of the Labor Code. The final decisions were based, based on art. 278 of the Labor Code and the principle of the hierarchy of normative acts, the character of common law of the Labor Code related to the provisions of UCECOM Decision no. 11/2006.
Legal assistance and representation for the acquisition of one (1) 32/35 MN Extrusion press “short stroke frontloading system” for aluminium. The EUR 5,400,000 project was complex, being part of a European Grant and involving double financing in terms of own and bank capital, followed by reimbursement procedures specific to the EU grants. Several international payment security options were negotiated during the project such as e.g. down payment bank guarantee letters (BGL); letters of credit (L/C) and performance bonds for the good execution of the contractual performance indicators and KPI’s.
Legal assistance and representation for an employer with over 250 employees in the aluminum industry in sixteen (16) collective negotiations. The assistance included, among others, the establishment of the strategy and drafting of the documents related to the negotiation process, respectively the preparation of the registration file at the Territorial Labor Inspectorate in accordance with the provisions of art. 143 of Law no. 62/2011 of the social dialogue, with subsequent amendments and completions, respectively art. 110 of the law no. 367/2022 regarding social dialogue, together with subsequent amendments and completions.
Legal assistance greenfield project with a value of over 3 000 000 EUR, which included e.g. setting up the company, acquiring the land, obtaining building permits, headquarters and production facilities, drawing up and registering individual employment contracts and related documents, obtaining work authorisations/permits for foreign employees.