Commercial litigation includes a wide range of legal forms and business issues, most often occurring between businesses. Our team of lawyers in Romania can assist in all matters related to this type of litigation. We present some of them below.
| Quick Facts | |
|---|---|
| Examples of intellectual property disputes in Romania | Issues concerning trademarks, domain names, copyright infringement, trade secrets, etc. |
| Examples of contractual disputes in Romania | Breach of contract, payment terms non-compliance, failure to deliver the goods or services, etc. |
| Commercial lease disputes in Romania | Service charges disputes, rent late payments, repair obligation misunderstandings, etc. |
| Labour disputes | Any conflicts between the employer and the employee concerning economic, professional, or social issues. |
| Real estate disputes examples | Commercial real estate construction disputes, disputes property rights, etc. |
| Buyer-seller disputes examples | Hidden defects, misleading advertising, fake offers, false product properties, etc. |
| Appeals | The decision issued by the court of first instance can be appealed within 15 days, in most cases. |
| Assistance for submitting the appeal | Offered by our lawyers in Romania |
| Final and irrevocable decision publication | In the Official Gazette of Romania |
| Administrative court decision non-compliance | Subject to fines, or imprisonment in some cases. |
| Possibility to sort consumer disputes out of court | In some cases, the National Authority for Consumer Protection (ANPC) can take over these cases. |
| Limitations on ANPC dispute resolution | Cannot apply in all cases (i.e., not in cases involving disputes initiated by a trader against a consumer, and in other cases) |
| Estimated commercial litigation duration in Romania | Several months to more than one year, depending on the complexity of the case. |
| Meditation for commercial disputes in Romania | Yes |
| Arbitration for commercial disputes in Romania | Via the Bucharest Commercial Arbitration Court attached to the Chamber of Commerce and Industry |
Franchise litigation
There are a lot of local businesses that started out with only one location and expanded nationally or even internationally through a franchise. Still, the franchise system is not as simple as it sounds from a legal point of view, since there is a lot of wrangling inherent for both the one creating and selling the franchise, as well as for the one buying and running it. Franchises represent a complex legal form of business that comes with lots of agreements that must be followed precisely, from arranging the store/restaurant, etc., to business working hours. Franchise litigation appears when any of the rules in the agreements are violated, for instance, if the franchisee uses unapproved suppliers or the franchisor does not offer support. You can reach out to our Romanian lawyers for more information on how we can assist.
The team of experts at our law firm in Romania can also help you set up a franchise in the country.
Intellectual Property Litigation
For most businesses, intellectual property is the heart of their company. Trademarks, patents, and copyrights that companies obtain for their processes and products are worth a high amount of money and represent the main source of revenue for them. A form of intellectual property litigation is represented by securing the intellectual property through the patent process, while a more often used form is prosecuting or defending cases of infringement.
Our Romanian lawyers can assist those who are subject to copyright infringement, as well as in many other cases.
Corporate litigation
Legal entities enter various types of agreements, and, as a result, breach of contract can often arise during the course of business. As part of commercial litigation in Romania, contract law litigation includes those situations in which one party accuses another of failing to observe their contractual terms.
Disputes arise from breaching various types of agreements, and our attorneys in Romania list some of these possible types of contracts below:
- non-disclosure agreements;
- non-compete agreements;
- contracts for corporate mergers and acquisitions;
- employment agreements.
In addition to breach of contract, commercial litigation involving business-to-business agreements can also refer to non-payment issues (when one party does not meet the payment terms required under the agreement), or failure to deliver the goods or services as stipulated in the signed contract.
No matter the size of the company, these issues may occur at any time and our Romanian law firm has a team of lawyers who are ready to assist.
If you find yourself in the face of any type of commercial litigation, we recommend choosing to be represented by a law firm that has experience in facing complex and routine cases. Our lawyers at Darie, Manea and Associates are able to provide you with suitable and personalised assistance.
Depending on the particularities of your contract law disputes, our Romanian lawyers may also recommend alternative dispute resolution methods, such as arbitration or mediation. In Romania, the Arbitration Court oversees this specific dispute resolution solution that may lead to faster results which are, in many cases, achieved with fewer costs.
Employment and labour law disputes
When discussing types of commercial litigation in Romania, an important category is that of employment-related disputes. In this field of law, we can give some of the following examples:
- Wrongful termination: employee layoffs that are not performed according to law, mainly when an individual is fired for illegal reasons;
- Discrimination: this can be based on race, gender, or disability. In Romania, employees are protected against discrimination, as stipulated in the Labour Code;
- Wage and benefits: disputes can occur when the employer fails to observe the minimum wage requirements in Romania or those related to maternity benefits, overtime pay (if included in the employment agreement), and others.
Seeking adequate assistance from a team of lawyers who specialise in commercial disputes is relevant when dealing with employment and labour law matters, especially for foreign investors in Romania who are also required to observe the Labour Code.
Real estate disputes
Our lawyers specializing in disputes arising from buying property in Romania can represent your best interests before the court, as well as during the non-contentious process, if applicable.
Construction-related conflicts and landlord-tenant disputes are two examples of disputes that can arise in the real estate sector. Companies and individuals who face these problems can look towards engaging a team of experienced real estate lawyers in Romania, such as our specialists.
When suitable in your case, we can also advise using alternative dispute resolution methods for solving real estate differences. Our team can help you with issues concerning properties as well as owning land in Romania.
Statistical data on litigation in Romania
Our Romanian lawyers summarize a set of statistical data issued by the Bucharest Court concerning the number of received litigation files in 2024:
- The total number of registered petitions: 2,733;
- 2,491 of these were resolved;
- 100 petitions were connected and 35 were classified (as being anonymous, lacking a specified domicile, etc.).
Are you looking for more in-depth information about commercial litigation or corporate litigation in Romania?
Do not hesitate to contact our lawyers in Romania for more information on how we assist our clients who face commercial litigation cases in the country.