Partner
Adriana is a Partner in the Dispute Resolution department. Prior to joining the SAA team, Adriana worked for more than 9 years at RTPR Allen & Overy, as well as for 3 years at David & Baias, the associated law firm of Price Waterhouse Coopers in Romania.
She has over 14 years’ experience in all kinds of litigation and disputes but her particular expertise and strength lie in contentious, administrative litigation and disputes, tax litigation and arbitration. Adriana was involved in numerous litigations regarding ownership title: restitution claims, litigations with CNCI, expropriations, but also in administrative litigations regarding the refusal of the public authorities to release the requested administrative deeds necesary in the development process (urbanism certitificate, building permit, urban zonal plans ), litigations regarding the suspension and cancellation of administrative deeds.
Adriana’s experience in tax disputes is equally extensive having been involved in matters with significant values and ranging from VAT disputes to income tax, royalty and transfer pricing disputes.
Significantly, Adriana spent 10 years involved in litigation surrounding investigations by the Competition Council in a number of markets such as telecoms, retail, pharmaceuticals and oil and gas.
Adriana boasts an impressive success rate of over 90% with much of her work being complex and high profile.
Adriana co-ordinates one of two of our Dispute Resolution Groups where her extensive legal experience is complemented by her excellent communication skills enabling her to not only manage client relationships but also to manage and co-ordinate relevant team members, so as to deliver highly professional and tailored services for the clients.
As if all this was not enough, Adriana has also published numerous legal articles on civil law, civil procedural law, European law, tax and administrative law and she is also the co-author of “New Civil Code. Notes, correlations, explanations“. She has also published numerous articles related to her practice in Bizlawyer, Juridice.ro, Legal Magazin, Universul Juridic, Profit.ro.
LANGUAGES
Romanian – English – French
EDUCATION
2009 – Master in Judicial Career (LL.M.)
Faculty of Law, University of Bucharest
2008 – Bachelor of Laws (LL.B.)
Faculty of Law, University of Bucharest
2007 – Bachelor of Laws (LL.B.)
University Paris 1 – Pantheon-Sorbonne
REPRESENTATIVE EXPERIENCE:
- Assisted and represented an international company acting in the automotive sector in a complex tax litigation concerning more categories of tax liabilities (VAT, tax on income, royalties), including also transfer pricing issues and multijurisdictional elements. The court upheld the request of the client and obliged the tax authority to reimburse almost EUR 2,000,000.
- Assisted and represented a company acting in real estate sector in a complex real estate litigation concerning a restitution claim for a plot of land where a supermarket is located. The litigation was solved in the favour of the client after 12 years of court proceedings. The final favourable solution was rendered by the High Court of Cassation and Justice after three prior decisions of the same court for the re-trial of the case file by the court of appeal. During the 12 years of trials, five technical expert reports were administrated. Muchmore, the High Court of Cassation and Justice also upheld the client relocation request transferring the case file from Cluj to Oradea.
- Assisted and represented an international company acting in consumer products sector in relation to the annulment of sanctioning minutes issued by the Romanian authorities for an alleged breach of a non-refundable EU fund in the energy sector. The final solution was rendered by the High Court of Cassation and Justice which obliged the authorities to pay the non-refundable EU funds object of the contract. Related to this litigation initiated by the client, the authority, who refused to pay the outstanding non–refundable funds requested by the client, filed a criminal complaint against the company arguing that the client committed an attempt of fraud with European funds. The criminal case file was definitively solved in favour of the client.
- Assisted and represented a company acting in beverage sector (part of an international group of companies) in relation to a high profile unfair advertising dispute against a close competitor which started an aggressive marketing campaign. This marketing campaign created a strong reaction from a series of public authorities and consumer groups. The litigation was complex and involved more type of case files (including emergency injunction, intervention claims filed within the contraventional complaint or within the cancellation claim lodged against an administrative deed) and more parties (National Audio-Visual Council or Ministry of Finance). All the rulings rendered by the vested courts were in favour of the client.
- Assisted and represented a client acting in the energy sector in relation to an employment litigation with a former manager. The case was highly publicised in local media, due to the political involvement of the former manager which was also a former member of the Romanian Parliament. The litigation was definitively solved in favour of the client after a long string of labor disputes between the parties, which were all settled before in favour of the employee.
- Assisted and represented an international company acting in construction and facilities sector in a tax dispute regarding reimbursement of VAT in amount of EUR 1,000,000. The first court upheld the cancellation claim filed by the client.
- Drafted several legal opinions on civil law, civil procedure and administrative law topics for the most publicized international arbitrations concerning Romanian Authorities and Romanian companies (ICSID, ICC).
- Drafted amicus currie report addressed to the Romanian Constitutional Court on behalf of the Romanian Bank Association for the a priori check of the constitutionality of the Giving in payment law.
- Assisted and represented a reputed sculptor, namely Mihai Buculei, in relation to the drafting and negotiation with the Ministry of Culture the contract for the erection of the Monument of the Great Union in Alba Iulia, at the anniversary of 100 years of the Great Union.
- Drafted legal opinions related to IP issues in complex litigation pending in front of the High Court of Cassation and Justice.
- Involvement in the challenging process of the majority of the decisions issued by the Competition Council in pharma, oil and gas, telecom, electronics and consumer products (suspension and cancellation claims).
- Assisted and represented an international company active in the real estate field in the process of developing a residential compound in 3rd District, Bucharest.
