The lawyers of SCPA Florea Gheorghe and Associates contributed to the development of a coherent administrative and jurisdictional practice regarding the application of land legislation and restitution of state-owned property on agricultural property, forest funds, including those belonging to the communities of elders in the Southern Subcarpathians, proper exploitation of the fishery fund, allocation of concession regarding the exploitation of marble and stone quarries, the exploitation of the transport network of petroleum products.

SCPA Florea Gheorghe and Associates laid the foundations of a unitary jurisdictional practice regarding the civil actions for the annulment of the acts of abusive takeover of real estate and their restitution by the state, including those real estates registered by companies formed by reorganization of former state enterprises, later privatized.

Some relevant cases:

• legal assistance and representation of the heirs of the former ruling families of Wallachia and Moldova, in disputes regarding the restitution in kind of palaces and mansions confiscated by the state;
• legal assistance and representation of the heirs of the family of a former prime minister of interwar Romania regarding the restitution of the real estate abusively taken over by the state before 1945;
• assistance and representation in litigation for the restoration of the properties of churches and monasteries in Transylvania;
• legal assistance and representation in litigation regarding newly built residential complexes by real estate developers and real estate investment funds;
• legal assistance and representation in litigation regarding the delimitation of the public property domain between counties and between localities of the same county;
• legal assistance and representation in litigation regarding the provision of utilities for residential complexes under construction.

The lawyers of SCPA Florea Gheorghe and Associates have a long and rich experience in resolving disputes in the field of industrial property rights, regarding trademarks and other distinctive signs used in trade, industrial designs, patents, domain names (UDRP procedures), trade secrets.

We have a valuable experience in legal assistance and representation in litigation related to the patrimonial and moral author’s rights over original intellectual creations, such as: literary writings, musical compositions, computer programs, photographic works, architectural works, cinematographic works, works dramatic rights, the rights of performers, the rights of producers of sound and audiovisual recordings.

We act efficiently to stop infringing activities on Internet.

We act before the courts of all levels, the State Office for Inventions and Trademarks (OSIM), the Office for Intellectual Property of the European Union (EUIPO), the Mediation and Arbitration Center of the World Intellectual Property Organization (WIPO).

Our customers range from well-known manufacturers of consumer goods and electronics to food companies and luxury goods companies.

Some of the relevant cases:

• legal assistance and representation of a well-known multinational automobile company against monetary claims made by an inventor for the exploitation of his invention;
• legal assistance and representation of an important company in the field of electronic products in disputes of unfair competition by breach of trade secrets through illegal access to the electronic system;
• legal assistance and representation of a company acting in the food industry in a dispute concerning the infringement of a well-known brand of dairy products;
• legal assistance and drafting of procedural documents for a professional association of public interest in a dispute concerning the registration of its name;
• legal assistance and representation of authors of scientific works in litigation concerning allegations of plagiarism and copyright infringement;
• legal assistance and representation of a collective management society in arbitration proceedings in front of the Romanian Copyright Office (ORDA) for the finalization of the Methodologies for collecting royalties.

The lawyers of SCPA Florea Gheorghe and Associates provide legal assistance and representation in the procedures for investigating anti-competitive practices on the national market and in the European Union market by the Competition Council and the European Commission (DG Competition) concerning horizontal agreements (cartels) , restrictions of competition through vertical agreements (exclusive and selective distribution agreements, franchise agreements, trademark license, patent license, etc.), abuse of a dominant position on the market and in proceedings for annulment of decisions sanctioning anti-competitive practices.

Some of the significant cases: 

• legal assistance and representation of an important multinational company in the field of mineral water exploitation in proceedings for annulment of the decision sanctioning a vertical agreement;
• legal assistance and representation of an electricity supplier in proceedings for annulment of the decision to sanction a cartel;
• legal assistance and representation of an undertaking in the agri-food industry in proceedings for annulment of the decision to sanction a vertical agreement.

The lawyers of SCPA Florea Gheorghe and Associates provide legal assistance and representation in litigation regarding requests for suspension of enforcement and annulment of administrative acts at all procedural stages.

Some relevant cases:

• legal assistance and representation of a multinational company in the field of thermal energy constructions and of some modifications of the installations in the thermal energy field in relation to the standards of environmental protection in litigations regarding the public procurement regarding the adaptation of the thermal power plants on coal;
• legal assistance and representation of a multinational company in the field of construction of offshore dams in disputes regarding the public procurement of works for the extension of the beaches in Constanța;
• legal assistance and representation of companies in the petrochemical industry in disputes over the annulment of Government Decisions relating to the production and marketing of gas for industrial consumption;
• legal assistance and representation in the field of bottling of mineral waters regarding the annulment of Government Decisions establishing royalties;
• legal assistance and representation in disputes regarding the cancellation of certificates of attestation of property rights issued for privatized companies.

SCPA Florea Gheorghe and Associates provides legal assistance and representation in disputes regarding the application of regulations in the field of direct and indirect taxes, verification of the legality and validity of fiscal control acts, or those drawn up by the customs authorities.

Some relevant cases:

• legal assistance and representation of a company in the field of import and export of petroleum products regarding the application of the regulations on ensuring the reserves of resources during the winter and the granting of the corresponding fiscal facilities;
• legal assistance and representation of an important software company concerning the customs procedure for imports of computer programs;
• legal assistance and representation in the field of tax regime applicable to companies with foreign capital that benefit from the facilities granted by law to foreign investors;
• legal assistance and representation of a collective management body regarding the tax regime applicable to its specific economic activities;
• legal assistance and representation of a multinational company in the luxury cosmetics industry regarding the tax regime applicable to specific commercial practices.

SCPA Florea Gheorghe and Associates advises on verifying the legal status of property deeds prepared for legal operations of sale-purchase, rental, donations and realization of real estate development projects.

Some of the relevant projects:

• advice on clarifying the legal regime of gas, electricity, oil products transmission networks;
• among the first to provide advice in the field of urban planning law and the protection of property rights in relation to the violation of the rules on environmental protection;
• advice on the legal regime of the real rights held by privatized companies over commercial assets represented by land and buildings;
• legal assistance to national and multinational companies (real estate developers and investment funds) in connection with the realization of housing and office construction projects;
• legal assistance for the operation of real estate owned by foundations and associations of public interest and utility;
• consultations for initiating administrative procedures and representation before the enforcement commissions of Law no. 18/1991 of the land fund and of Law no. 1/2000;
• preparing, initiating and monitoring the administrative procedures for the application of the legislation on the repair system for abusive foreclosures of buildings.

SCPA Florea Gheorghe and Associates provides legal advice and representation in all aspects of national, European and international design and trademark registration, including: previous searches on possible conflicts with prior rights, writing descriptions of goods and services appropriate to the needs of each client’s business, advice on trademark portfolio strategy and other distinctive signs used in business, such as: domain names, emblems, trade names.

We offer legal assistance in drafting and negociation contracts for the exploitation of industrial and intellectual property rights, such as: publishing contracts, license agreements, assignment contracts, theatrical representation and musical performance contracts etc.

The lawyers of SCPA Florea Gheorghe and Associates have a rich experience in amicable settlement of disputes over intellectual property rights.

Some of the relevant cases concern:

• legal assistance and representation for the amicable settlement of copyright disputes arising from the dissolution of a well-known rock band in order to continue the public performance and commercial exploitation of musical works, the names of the two resulting bands and their graphical representation, later registered as trademarks;
• legal assistance and representation of a well-known hotel company for the settlement of disputes concerning the collection of royalties by a collective management body for the exploitation of musical works for environmental purposes;
• avoidance of a dispute concerning the domain name of a well-known company which sells footwear products online;
• avoidance of a copyright dispute over a computer program, in order to continue the commercial exploitation of the software;
• avoidance of a copyright dispute over a photographic work downloaded from the Internet.

The principle of a free competition on the market requires companies to know the rules applicable to economic activities, in order to make rational and advantageous economic decisions, while ensuring that the interests of trading partners and consumers are respected.

Lawyers of SCPA Florea Gheorghe and Associates are best trained to provide legal assistance on competition law issues in the current economic activity of enterprises by assessing the risks of infringement of competition law through contracts concluded with competing and non-competing enterprises (exclusive distribution, franchise, supply contracts etc.), assessing the risks of infringement of competition law through unilateral economic practices, establishing strategies to avoid infringements of competition law, drafting concrete programs to comply with the requirements of the law.

We assist clients in situations where the Competition Council has launched an investigation on the market on which they perform their economic activities.

Some relevant cases:

• legal assistance and representation in front of the European Commission, DG Competition, of a collective management body in proceedings related to a possible abuse of a dominant position;
• legal assistance during the investigation of the wholesale market for alcoholic products.

SCPA Florea Gheorghe and Associates advises on participation in public procurement procedures. We provide legal assistance for concluding concession, rental and association deeds for the exploitation of goods belonging to the public domain.

SCPA Florea Gheorghe and Associates advises on the elaboration of projects and the approval of normative or individual administrative acts by public institutions and on the interpretation and application of administrative acts, the suspension of their execution, the immediate and prospective effects of the administrative acts faced by the economic operators concerned or individuals.

We provide legal assisstance in procedures for obtaining the authorizations required by law.

SCPA Florea Gheorghe and Associates provides legal assistance in identifying the correct solutions for the interpretation and application of tax legislation in conjunction with accounting and labor law.

Some of the relevant cases:

• legal assistance to a company in the field of commercial exploitation of mineral resources regarding the correlation of the accounting treatment with the fiscal treatment of its economic activities;
• legal assistance of a multinational company in the field of quantitative and qualitative control of the export and import of petroleum products, in order to prepare the documents and during the tax inspections.