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Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for screening foreign direct investments into the Union (the “Regulation”) has been implemented into Romanian legislation in the form of Government Emergency Ordinance no. 46/2022 on foreign direct investments (“GEO no. 46/2022”). 

CEE Legal Matters readers will likely be familiar with Patricia Gannon as one of the founders of Karanovic & Partners. Since her withdrawal from the firm (reported by CEE Legal Matters on September 21, 2020), Gannon ran her own "holistic strategic advisory business" (as reported on October 12, 2020) and, recently, she announced she is working on a new social media app for lawyers – Platforum 9. We caught up with her to learn more about her new project.

Law No. 69/2022 amending and supplementing Law No. 8/1996 on copyright and related rights (“Law No. 69/2022”) was published in the Official Journal of Romania, Part I No. 321 of 1 April 2022 and, with the exception of a few provisions which will become applicable 30 days or 6 months after publication, entered into force on 4 April 2022.

After a rather lengthy legislative process, Directive (EU) 2019/633 (the "UTP Directive") was implemented in Romania on 12 April 2022 by Law No. 81/2022 on unfair trade practices (UTPs) between companies within the agricultural and food supply chain (the "UTP Law"). It sets out a new set of rules applicable to food retailers and suppliers that have an annual turnover of around EUR 2m.

With inflation making its way through Europe, Romania was hit as well but the economy is still developing steadily, with energy, real estate, and infrastructure the sectors to look out for, according to MPR Partners Partner Dana Radulescu.

As war days go by, military conflict in Ukraine seems to escalade, jeopardizing the upcoming fate of the country on so many levels. Under such circumstances, it is impossible to envisage when the (post-war) normality will be reinstated, and when economics will follow their course once again. As a consequence, multiple companies have already announced their intention to cease activity not only from Russia, but also from Ukraine.

Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 concerning unfair business-to-consumer trading practices in the agricultural and food supply chain has recently been transposed into Romanian legislation by Law no. 81/2022, in force since 15 April 2022 ("Law no. 81 /2022").

Mares & Mares' hot practice over the last 12 months has been their white-collar crime one, according to Managing Partner Mihai Mares. Trigger-happy authorities have been the main driver of work, with Mares expecting the levels of activity to continue to increase in light of the upcoming Whistleblowing Directive.

On February 15, 2022, CEE Legal Matters reported that Popovici Nitu Stoica & Asociatii had advised Redport Capital and Mobexpert on the acquisition of a 44,000 square-meter land plot near Petrom City in Bucharest from OMV Petrom. CEE In-House Matters spoke with Cosmin Savu Cristescu, Managing Director at Redport, to learn more about the acquisition.

The Court of Justice of the European Union (CJEU) released its judgement in Case C-333/20 Berlin Chemie on 7 April 2022. This extremely important ruling might mark the turning point in the controversial VAT fixed establishment topic. Although numerous European courts had already passed decisions on this issue, the approach taken by tax authorities in many EU Member States, including Romania, have been aggressive and inconsistent, with significant tax assessments made against companies mainly due to uncertainties in the existing legislation.

The first article of our own REMIT series is available here. It provides an overview of the REMIT core concepts, including the novelties brought under the latest edition of the ACER Guidance published on 22 July 2021 and the main conclusions of the 2021 REMIT Forum. This second article of our REMIT series presents (i) a more detailed analysis of REMIT in Romania, (ii) a practical perspective on the sanctioning regime applied by various NRAs, including the Romanian NRA, and (iii) the overall conclusions of our analysis.

Law 72/2022 on the enforcement of a tax amnesty for tax liabilities, including interest and penalties for late payment, imposed by the tax authorities following the reclassification of daily allowances as salary, was published in the Official Gazette on 31 March based on a bill submitted in September 2021.

Romania is a European Union member state located in the south-eastern part of Europe, with a surface of 38,397 square kilometres and a population of 19.41 million. Romania is positioned in the vicinity of several large markets, including the European Union, the CIS states and the Middle East, and is crossed by three pan-European transport corridors: no. 4 linking Europe from West to East, no. 9 from North to South and no. 7 facilitating inland water transportation on the Danube.

In view of the sustained rise in the prices of electricity and natural gas, the Romanian Government has been under increased pressure to extend the consumers support measures first introduced under Government Emergency Ordinance no. 118/2021 on the establishment of a compensation scheme for the consumption of electricity and natural gas covering the period 1 November 2021 – 31 March 2022, which received Parliamentary approval and further amendments under Law no. 259/2021 (Law 259/2021), as both have further been amended.

Romanian Knowledge Partner

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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