RTPR Allen & Overy has obtained a dismissal of the application for restitution in kind for the land where the Profi store in the center of Cluj Napoca is located.
According to RTPR Allen & Overy, "after 12 years of litigation, 3 retrials and 4 judgments in higher appeal, including a change of venue, the firm has irrevocably won, before the High Court of Cassation and Justice, a real estate litigation based on Law no. 10/2001."
The firm reports that "the complexity of the litigation was determined both by a perspective of civil procedure related issues (in the context of administrating three topographical expert reports which addressed a series of technical issues, intervention requests/change of venue application, retrials), as well as by merits perspective, in relation to which it was necessary to prove that in this case there are applicable derogatory provisions from the rule according to which the land is subject to restitution in kind."
RTPR Allen & Overy Senior Associate Adriana Dobre, who coordinate the firm's team on the project for over six years, explained: “It was a difficult and complex mandate, considering that our intervention in the trial took place after the case had been negatively settled both in the first court and in the appeal and in the context where the expert report administrated at that time was not favorable to our client. Basically, we had to convince the courts of law in relation to the necessity to re-administrate the evidences, by taking into account also the objectives and documents proposed by us, and, afterwards, it was necessary to bring pertinent arguments in order to persuade the judge to share our opinion in relation to the legal issues at hand, respectively the meaning of functional occupation of the land and public utility establishments, in the sense regulated by Law no. 10/2001.”
Dobre was assisted by RTPR Allen & Overy Associate Ana Popa.