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News from Members NNDKP Wins the Appeal Filed by Romsilva Against the Bucovina Orthodox Church Fund

NNDKP Wins the Appeal Filed by Romsilva Against the Bucovina Orthodox Church Fund

by NNDKP November 15, 2013

Website www.nndkp.ro

Nestor Nestor Diculescu Kingston Petersen (NNDKP) won the appeal filed by the National Forest Administration - Romsilva (RNP Romsilva) against the Bucovina Orthodox Church Fund. The Cluj Court of Appeals admitted the appeal filed by RNP Romsilva, Suceava Forestry Division, and dismissed the action for the restitution of over 166,813.5 ha of forest - over 75% of Suceava county's forestland - filed by the Church Fund, having as object the real estate claim and land book rectification.

The litigation started in 2001 and in 2008 the Suceava Trial Court admitted the claim filed by The Orthodox Church Fund, thus ordering the Suceava Forestry Division/Romanian State to hand over this land to the Fund.

The legal arguments raised in the case coordinated by Ana Diculescu-Șova and Sorina Olaru were based on the coherence of the legal norms governing the ownership right created under the civil law imposed under the Austro-Hungarian Empire and continued under Romanian law pursuant to 5 Constitutions, by reference also to the complementary church cannons, separate from civil law, and continuing with the legal regime applicable to legal entities of public/private utility and the differences in the treatment of the property of these entities when they functioned within the Orthodox Church system.

The solution obtained after over 12 years of litigation confirms the advanced legal reasoning, as well as the ownership right of the Romanian State over the claimed land.

NNDKP’s Dispute Resolution department comprises 35 attorneys coordinated by Senior Partner Ana Diculescu-Şova and Partners Sorina Olaru, Simona Neagu, Emil Bivolaru and Radu Damaschin. In 2013, the practice managed over 2,000 cases and brought in over 40% of the firm’s revenues for the past year.


About NNDKP:

Nestor Nestor Diculescu Kingston Petersen is a promoter of business law in Romania. The firm, together with its specialized tax and intellectual property divisions, has a team comprising 115 attorneys, 23 tax consultants and three intellectual property counselors , offices in Bucharest, Timişoara, Cluj-Napoca, Braşov and Craiova and offers full-service and integrated legal advice to companies in Romania and abroad. NNDKP represents Romania in some of the most prestigious international professional alliances - Lex Mundi, World Services Group - and is a founding member of the South East Europe Legal Group (SEE Legal). Constantly top ranked by the most important international legal guides such as Chambers & Partners and The European Legal 500, the firm dominates the IFLR 1000 2014 edition rankings. Moreover, NNDKP is the only law firm in Romania that was awarded thrice (2009, 2012, 2013) “Law Firm of the Year in Romania” by Chambers Europe.


For more information please contact:

Irina Melecciu | Director of Marketing and Communication
Nestor Nestor Diculescu Kingston Petersen
Attorneys & Counselors | Intellectual Property Counseling| Tax Advisory Services
Tel: (40-21) 20 11 200 | Fax: (40-21) 20 11 210 | Mobile: (40-72) 86 66 232
irina.melecciu@nndkp.ro | www.nndkp.ro | www.facebook.com/nndkp

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