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Popescu & Asociatii Successfully Represents Sinaia Local Council and Sinaia Urban Transport

Popescu & Asociatii Successfully Represents Sinaia Local Council and Sinaia Urban Transport

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Popescu & Asociatii has successfully represented Sinaia Local Council and the company that provides land and cable transport in Sinaia resort, Sinaia Urban Transport, within judicial procedures initiated as a result of the reorganization of the company's management activity during 2017.

According to Popescu & Asociatii, “the company's corporate reorganization procedure was subject to the jurisdictional control of the courts by the former management, revoked from its position following a decision of the Local Council in 2017, and currently, through the final solution, pronounced by the Ploiesti Court of Appeal, it was correctly established the interdiction of the administrator to challenge the decision of the shareholders regarding the revocation of the administrator mandate as being categorically expressed in the law. In addition to this solution, the requests regarding granting the monthly remuneration updated with the inflation index, the legal interest, the moral damages as well as the material damages requested by the opposing party were rejected, thus removing the payment obligation unjustifiably established in the first decision.”

According to the firm, “the solution obtained in the file is extremely important, especially since it represents a precedent regarding the impossibility of the administrator to challenge the decisions by which his own mandate is revoked regardless of the legal nature of the act by which this decision was adopted. In other words, even if the trustee is revoked from a position held within a commercial company entirely state-owned, and his dismissal is made by means of a decision issued by a public authority, the provisions of Law 31/1990 regarding commercial companies are applicable as a priority.”

Popescu & Asociatii’s team included Senior Counsel Andreea Mihalache and Senior Associate Stefan-Catalin Baiculescu. 

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Țuca Zbârcea & Asociații is a full-service independent law firm, employing cross-disciplinary teams of lawyers, insolvency practitioners, tax consultants, IP counsellors, economists and staff members. It also operates a secondary law office in Cluj-Napoca (Romania), and has a ‘best-friend’ agreement with a leading law firm in the Republic of Moldova. In addition, thanks to the firm’s dedicated Foreign Desks, the team provides the full range of services to international investors seeking to gain a foothold or expand their existing operations in Romania. Since 2019, the firm and its tax arm are collaborating with Andersen Global in Romania.

Țuca Zbârcea & Asociaţii is providing legal services in every aspect of business, covering all major areas of practice: corporate and M&A; litigation and international arbitration; corporate tax; public procurement; TMT; employment; insurance; banking and finance; capital markets; competition; healthcare and pharmaceutical; energy and natural resources; environmental; intellectual property; real estate; regulatory legal services.

Țuca Zbârcea & Asociaţii is a First-Tier law firm in all international legal directories and a multiple award-winning law firm both locally and internationally. It received the CEE Deal of the Year Award (DOTY Awards 2021) and the Law Firm of the Year Award: Romania (IFLR Europe Awards 2021). 

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