Commercial disputes

We represent clients in commercial disputes, from contractual litigation and actions between shareholders/partners, to debt recovery, emergency measures and disputes with cross-border elements.

Contractual litigation

Contractual liability

Actions for non-performance, defective performance or late performance of contractual obligations. Damages, contractual penalties, interest.

Termination and rescission

Actions to establish or obtain termination of contracts. Management of the effects of termination: restitutions, compensation, post-contractual clauses.

Performance of construction and works contracts

Disputes over delivery delays, hidden defects of the works, failure to comply with technical specifications, retention of the performance guarantee.

Supply and distribution contracts

Disputes over deliveries of goods and materials, product quality, conformity warranties, non-delivery penalties.

Subcontracting contracts

Representation in disputes along the subcontracting chain, including in public infrastructure projects.

Disputes between shareholders / partners

Challenging abusive general meeting resolutions

Actions to annul general meeting resolutions where the majority infringes shareholders’ rights — inequitable dividend distributions, dilutive share capital increases, approval of conflict-of-interest transactions, amendments to the articles of association disregarding voting rights.

Damages actions for harm caused to the company

When directors or majority shareholders act to the detriment of the company — by entering into related-party transactions at disadvantageous prices, diverting business opportunities, or using company assets for personal gain.

Right to information and control

Shareholders have the right to access the company’s documents, financial statements and relevant contracts. When this right is blocked or obstructed, steps can be taken to secure access to information.

Decision-making deadlock

In companies with equal (50-50) shareholdings, decision deadlock can paralyze the company. We assist in negotiating deadlock-breaking mechanisms or, where negotiation fails, in judicial proceedings for dissolution or exclusion.

Pre-emption right

Disputes concerning the exercise or breach of the pre-emption right upon the transfer of shares or social parts.

Partners and directors in a conflict of interest

Situations where a partner is also a director, and their management decisions conflict with the interests of the other partners.

Companies with foreign shareholders

Disputes involving the simultaneous application of Romanian law and the foreign law governing the shareholder agreement, including jurisdiction and applicable-law issues.

Debt recovery and enforcement

Payment orders and summons

Fast-track procedures for recovering claims that are certain, liquid and due, with significantly shorter resolution times than ordinary litigation.

Enforcement

Initiation and conduct of enforcement proceedings: garnishments on bank accounts, attachment of movable and immovable assets, garnishment of the debtor’s income.

Conservatory and precautionary measures

Obtaining precautionary attachments and garnishments before or during the proceedings, to prevent the disappearance of the debtor’s assets.

Enforcement challenges

Defense against unlawful enforcement proceedings.

Emergency measures and special procedures

Judicial and precautionary attachment

Obtaining conservatory measures over the debtor’s assets to prevent their disposal or deterioration during the proceedings.

Presidential ordinance

Urgent provisional measures to prevent imminent damage: prohibition of certain acts, compelling a provisional performance, preservation of a factual state.

Urgent procedures in maritime and commercial matters

Attachments on containers, goods and vessels, authorization of the sale of perishable goods, specific measures under transport law.

Precautionary garnishments and attachments

Freezing of sums in the debtor’s bank accounts before a decision on the merits is issued.

Competition-related and anti-competitive practice litigation

Damages actions

Representation in actions to recover damages resulting from participation in anti-competitive agreements.

Non-compete clauses

Challenging or defending non-compete clauses in commercial and management contracts.

Cross-border disputes

Jurisdiction and applicable law

Determining the competent court and the law applicable to the contract — elements that can decisively shape the outcome of a dispute.

Recognition and enforcement of foreign judgments

Procedures for the recognition of judgments issued in other EU Member States or in third countries.

Cross-border coordination

Cooperation with lawyers in other jurisdictions for an integrated strategy in disputes with foreign elements.

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