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News from Members STOICA & Asociații definitively wins an extremely important litigation for a large international pharmaceutical company

STOICA & Asociații definitively wins an extremely important litigation for a large international pharmaceutical company

by STOICA & Asociatii October 25, 2022

The lawyers from STOICA & Asociații successfully represented one of the largest producers of innovative medicines in the world, in a commercial dispute initiated by an important local distributor of pharmaceutical products. The team of lawyers consisted of Dragoș Bogdan (Senior Partner) and Mihai Stănescu (Managing Associate), under the coordination of Valeriu Stoica (Founding Partner).

All legal proceedings pertained to the legal interpretation of a medicines’ distribution contract. The distributor's claims amounted, as of 2011, to almost Euro 80,000,000. Initially and erroneously the first instance requested our client to pay damages amounting to over Euro 190,000,000, i.e., more than it had been requested by the claimant.

Recently, the dispute was definitively settled by the High Court of Cassation and Justice (HCCJ), in favour of STOICA & Asociații’s client, after a real legal battle which lasted 11 years, in which the courts faced a series of legal challenges, both procedural and substantive – for example, no less than three judicial expert report proceedings were performed on the same issue. The HCCJ finally upheld the interpretation of the distribution contract as argued by STOICA & Asociații’s lawyers, thus completely rejecting the claimant's action as not grounded. In parallel with the main litigation, several related contentious proceedings were conducted, all of which finally resolved in favour of the client.

Dragoș Bogdan: "It was a real judicial odyssey stretching over many years, primarily because of the extremely complex accounting expert report proceedings, which were very work intensive. The excellent understanding between the client, the team of lawyers and our assisting expert helped us to successfully overcome several pitfalls and procedural errors and present to the court the true nature of the contract from the client's books. Starting from this clear picture as presented in the last expert report, the fundamental legal arguments identified by us also convinced the judges of the Court of Appeal and those of the High Court of Cassation that justice is on the side of our client. I emphasize once again the professionalism shown by the two courts - for example, through the detailed knowledge of a court file that reached more than 40 volumes, i.e., a huge number of documents and opinions, which the judges had to go through in order to be able to settle this important commercial dispute."

Founded in 1995, STOICA & Asociații has gained national and international recognition in the world of law and the business environment, through its entire activity of legal assistance and representation of a vast portfolio of clients. Currently, the lawyers from STOICA & Asociații have proven that they are a strong team, based on the observance of its principles: Fidelitas, Integritas, Fortitudo. STOICA & Asociații has acquired an excellent national and international reputation. Its professional achievements are recognized in the most important international legal guides: Chambers Europe, Legal 500, WTR 1000, IAM Patent 1000.

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