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News from Members Muşat & Asociaţii, Another Victory in a Litigation concerning the Clawback Tax

Muşat & Asociaţii, Another Victory in a Litigation concerning the Clawback Tax

by Musat & Asociatii April 7, 2015

Website www.musat.ro

Muşat & Asociaţii wins another litigation against the tax authorities and obtains, on behalf of a leading pharmaceutical company, the annulment of certain decisions providing the obligation to pay amounts exceeding EUR 7 million, representing increases, interest and late payment penalties related to the claw back contribution.

Through the ruling of the Bucharest Court of Appeal delivered on 9 March 2015, the court ordered the annulment of the decisions and of the tax inspection report imposing a penalty against our Client on the grounds that the latter allegedly failed to pay in due time the clawback contribution corresponding to the period between Q4 2009 and Q3 2011, pursuant to the provisions of Government Emergency Ordinance no. 104/2009.

“Through its ruling the Bucharest Court of Appeal penalizes the practice of tax authorities, which ordered the application of burdensome increases, interest and late payment penalties based on the wrongful interpretation of the legislation in force, ignoring the provisions of the norms implementing the clawback contribution and the actual situation of our client”, said Anca Buta Muşat, Partner Muşat & Asociaţii.

The Muşat & Asociaţii team in charge of this file was coordinated by Anca Buta Muşat, Partner, and comprised litigators, attorneys specialized in pharma law and tax advisors, namely Răzvan Graure (Partner), Angela Mare and Dan Minoiu (both Managing Associates).
Since 2009, Mușat & Asociații successfully represented several companies acting in the pharmaceuticals sector and obtained, starting with 2011, the cancelation of administrative acts issued by the Romanian National Health Insurance House concerning the clawback contribution due both for the period between Q4 2009 - Q3 2011, and also for the period starting with the fourth quarter 2011, for a significant number of pharmaceutical companies.

Mușat & Asociații has extensive expertise in the pharmaceutical sector, acting as legal adviser to an extensive portfolio of international companies, in matters of law relating to the pharmaceutical legislation, competition, intellectual property, mergers & acquisitions, corporate law, taxation, data protection, labor law, as well as other regulatory aspects.

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