Under the GDPR, every data controller that processes personal data through a data processor must conclude a GDPR-compliant data processing agreement with the processor. Parties may seek to negotiate the allocation of liability and shift it towards the other party. When doing this in Romania, we look at the interplay with the rules of the main forms of liability set out in the law.
Recent practice in the Romanian dispute resolution landscape has shown a rise in (i) litigation involving wrongful decisions concerning unpaid tax, lack of liquidities, and consequent lack of debt settlement, and (ii) cases of fraudulent acts linked to insolvent companies, mostly committed prior to the commencement of the insolvency proceedings.
Gun jumping refers to premature enforcement of a merger before obtaining clearance from the competition authority. While most companies are aware of this interdiction, it can be difficult to balance the scope of the competition standstill obligation during the pre-closing period and the measures taken by the acquiring company to protect the value of a target.
In the shadow of the highly publicized ordinance on "The tax on banks’ greed" (officially the tax on the assets of banking institutions according to Emergency Ordinance No. 114/2018 regarding the establishment of measures in the field of public investments and fiscal-budgetary measures, on amending an supplementing certain acts and the extension of some deadlines), the end of 2018 brought another surprise for the banking system, partly foreseen but with the hope that it would eventually not happen, or at least not too soon.
2nd Edition: Debt in European Emerging Markets, Bucharest, April 11th 2019
MDM Legal, acting on behalf of taxi request and aggregator mobile app Star Taxi, has persuaded the Bucharest Court of Appeal to suspend a decision of the Bucharest General Council and, in a later rulling, notify and prompt the Court of Justice of the European Union to determine whether that decision conflicts with EU law.
NNDKP has successfully represented the National Museum of Romanian History in the Bucharest Court of Appeals and obtained an irrevocable court decision upholding the NMIR's annulment in full of its previous decision to declare Starh Arhitectura, Constructii si Design SRL the winner of a public procurement procedure.