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News from Members STOICA & ASOCIAȚII represented ASF in the first round of salary reduction suspensions

STOICA & ASOCIAȚII represented ASF in the first round of salary reduction suspensions

by STOICA & Asociatii February 12, 2026

STOICA & ASOCIAȚII successfully represented the Financial Supervisory Authority ("FSA") in a case settled in the first instance by the Bucharest Court of Appeal, in which the FSA Union, together with a number of employees of the authority, requested the suspension of the enforcement of the FSA Council's decision, implementing the provisions of Law No. 145/2025. The team of lawyers involved in supporting the FSA's defence consisted of lawyers Dragoş Bogdan (coordinator), Andrei Buga and Mihai Stănescu .

In view of certain messages published in the public domain regarding the decision handed down by the Bucharest Court of Appeal in the aforementioned case, we wish to make the following clarifications:

Dragoș Bogdan: "In an action seeking the suspension of the enforcement of an administrative act, according to the law, the court must examine two conditions: the well-founded case and the imminent damage. The present case was unique from this perspective: with regard to the well-founded case, our defence was based largely on the binding considerations of a decision by the Constitutional Court, which rejected all the criticisms raised against Law No. 145/2025, including with regard to the salary reductions established by this law. Thus, the FSA merely enforced what the legislator had established as its duty, without discrimination. As regards imminent damage, beyond the human considerations of the situation, the case concerns a certain legal reality that cannot be ignored. The case law of the courts is consistent in that such a reduction cannot in itself constitute a case of imminent damage such as to lead to the suspension of the enforcement of the act."

The decision may be appealed to the High Court of Cassation and Justice. The situation of salary reductions is already generating a very substantial amount of litigation. The courts will now examine the merits of the claims and decide on the case, based on the defences presented, the relevant legal provisions, and the decisions of the Constitutional Court.

With a history of over 30 years in the business law market, STOICA & ASOCIAȚII has gained national and international recognition in the legal and business world through its legal assistance and representation of a vast portfolio of clients. Since its establishment in 1995, the lawyers at STOICA & ASOCIAȚII have proven themselves to be a strong team, based on respect for its principles: Fidelitas, Integritas, Fortitudo. STOICA & ASOCIAȚII has earned an excellent national and international reputation. Its professional achievements are recognized in the most important legal guides: Chambers Europe, Legal 500, WTR 1000, IAM Patent 1000.

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