The writs of summons and all proceedings handled by the courts of law are recorded in an online system. The case file number, the names of the parties, the object of the file and other information are published on the Ministry of Justice’s online portal www.portal.just.ro and are also disseminated through the electronic dossier applications implemented by several courts of law.

As of 1 October 2022, Romanian consumers will have to pay a mandatory deposit of RON 0.50 (approx. ten Euro cents) for each bottled beverage they buy. Part of the recently introduced deposit-return system ("DRS"), this amount will be added to the shelf price of the respective beverage and will be distinctly marked on receipts. This legislative novelty has been introduced by Government Decision No. 1074/2021 on the establishment of a deposit-return system on single-use packaging ("GD 1074/2021").

Distribution agreements, also termed vertical agreements, are currently subject to a block exemption regime (the VBER) from the general antitrust prohibition. The VBER is due to expire on May 31, 2022. In this context, the European Commission has engaged in extensive public consultations and has already published a proposed new regime, the revised VBER and Vertical Guidelines, scheduled to enter into force on June 1, 2022. These are, in our view, the four key topics that suppliers should be aware of when preparing for the revised regime:

This year marks Schoenherr Romania’s 25th anniversary. To mark the occasion, CEE Legal Matters spoke with Schoenherr’s Romanian office Managing Partner Sebastian Gutiu as well as with Michael Lagler, the firm’s Managing Partner, and Partner Christoph Lindinger, who established the Romanian office and was the main driver behind Schoenherr’s expansion into Central and Eastern Europe.

Order no. 1721/2021, regarding the management of large taxpayers (“the Order”) was published on 3 November 2021, in the Official Gazette no. 1051/03.11.2021.

Franchising may be an attractive proposition for many companies wishing to expand internationally. Take a look at this overview to discover the applicable franchise law in Romania, covering the essentials for franchisors, the relevant areas of law, selected aspects such as fees, and dispute resolution and applicable law.

Contributed by Tuca Zbarcea & Asociatii.

Uncertainty is the key word in Romania of late, according to Musat & Asociatii Deputy Managing Partner Paul Buta, with the Government recently succumbing to a vote of no confidence in Parliament impacting both businesses and law firms.

On 21 September 2021, the Commission launched a public consultation on the revision of the general pharmaceutical legislation. The public consultation ends on 21 December 2021. Any interested party may submit comments and observations. The consultation concerns certain key topics such as access and affordability, solutions to address unmet medical needs, incentives for innovation, medicine shortages, environmental challenges and sustainability. The amendments of the general pharmaceuticals legislation may be however much wider in scope, in line with the strategic areas identified in the Pharmaceutical Strategy for Europe, as part of which the public consultation is organized. Following the consultation process, the Commission will adopt a final legislative proposal, which is expected to be published by the fourth quarter of 2022.

Until November 2021, crowdfunding activities (investment-based or lending-based) have not benefited from a dedicated regime and may interfere with the EU banking and financial services rules, triggering ultimately significant risks to all parties involved.

 In “The Corner Office” we ask Managing Partners at law firms across Central and Eastern Europe about their backgrounds, strategies, and responsibilities. With summer having just passed, the question this time: What is your one favorite yearly activity to disconnect?

In the late Summer of 1984, while hanging out in Bucharest one evening, a university friend and I decided (with the help of some local red wine) to go “look for Dracula.” Full of adventure and certainly educational, the experience was not a positive one. Due to the harsh policies of the Ceausescu regime at the time, Romania was a dark place (there were literally few if any lights during the evenings), with little food to eat (even for foreigners like us), and a local population who would rarely, if ever, talk to us (unbeknownst to us at the time, the Romanian secret police, the Securitate, required anyone who had contact with a foreigner to report the interaction – needless to say, this was not conducive to long and meaningful conversations).

In 1874, a French writer, forerunner of science-fiction literature, named Jules Verne (1828-1905) wrote in his famous novel The Mysterious Island about a world where “water will one day be used as a fuel, that hydrogen and oxygen, which constitute it, used alone or simultaneously will provide an inexhaustible source of heat and light of an intensity that coal cannot have.” More than 110 years after his death, hydrogen is a hot topic in the global energy industry.

Romanian lawyer Anela Musat has joined Blue Horizon as its General Counsel in Zurich, Switzerland.

Four regulatory acts of interest to both employers and employees, were published in the Official Gazette.

Several measures related to the Labour Code and other employment legislation have been adopted by the Romanian Government and have immediate effect on employment relationships.

In the context that more and more people and companies are investing in cryptocurrencies and given the fact that non-cash payments are becoming the new standard in business transactions, the national legislator has intervened in order to offer a larger protection to these types of transactions, the legislative amendments being necessary in order to cover the full spectrum of electronic criminality.

Following intensive negotiations between the business community and the Romanian government, the Romanian parliament has issued a bill on the enforcement of a tax amnesty for tax liabilities, including late payment interest and penalties, imposed by the tax authorities following the reassessment of daily allowances as salary income.