We provide legal advice and representation in Romania and internationally, drawing on relevant experience in cross-border disputes and projects. Our strategy starts with the challenged decision, its effects and the client’s objective, with careful attention to the applicable procedures and deadlines.
Public authority decisions
Our assistance covers administrative decisions affecting a company’s business or assets, obtaining and maintaining permits, and refusals or delays in determining applications.
We prepare applications, legal submissions and prior administrative complaints, and assess the authority’s responses. In court, we pursue annulment of administrative decisions, orders requiring authorities to fulfil statutory duties and compensation for loss, depending on the rights infringed and the applicable requirements.
Staying enforcement of a decision
Where enforcement of a decision causes or threatens harm, we assess the need for a stay. We prepare arguments and evidence demonstrating the statutory requirements, in light of the decision and its consequences for the company.
Payment obligations, restrictions on activity and other practical consequences are relevant to this assessment, together with the documents establishing them.
Tax challenges and litigation
We assist taxpayers in challenging assessments issued by ANAF or local tax authorities and other administrative tax decisions. We examine the legal basis for the liabilities, the documents relied on and procedural compliance, then prepare challenges and represent clients in tax litigation. Our explanation of tax challenges against ANAF decisions examines notification, evidence and applications for a stay.
Our work also covers tax enforcement. A challenge to the tax liability and a challenge to enforcement measures have different purposes and rules; we determine the necessary steps for each in light of the case.
Legal assistance for public authorities
We advise on administrative and tax matters and represent clients in litigation. Services include reviewing petitions and responses, decisions and contracts, employment matters and relevant legislative changes, subject to the rules on procuring legal services and conflicts of interest.
We advise and represent public institutions and local authorities, particularly in legal proceedings aimed at improving the collection of public budget receivables. Our assessment distinguishes tax claims from contractual claims and determines the recovery procedure according to the nature of the debt and the applicable legal framework. The statutory powers to assess and enforce these claims remain with the designated public bodies.
Useful documents
- The challenged decision, its annexes and proof of notification.
- Applications, challenges or complaints already filed and responses received.
- Contracts, permits and documents explaining the facts.
- Evidence of the decision’s effects, payments made or loss claimed.
The date of notification and any proceedings already underway are essential to planning the next steps.
Frequently asked questions
Which procedure applies to a dispute with a public authority?
The procedure depends on the decision or conduct challenged. Administrative decisions, tax decisions, administrative offence penalties and enforcement measures may have different remedies and deadlines. Correct classification comes before choosing a course of action.
Does filing a challenge stop the decision taking effect?
A challenge should not be assumed to suspend enforcement. We check the rules governing the decision and, if necessary, the requirements for a separate application for a stay.
What can be done if an authority does not respond?
Failure to respond within the statutory period or an unjustified refusal may allow administrative court proceedings, provided the applicable requirements are met. The application, proof of filing and supporting documents are needed for an assessment.
For disputes over the award or performance of public contracts, see our public procurement services.
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