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Andreea Birişiu LLB

Senior Associate
Bucharest
About

Andreea Birişiu has been involved in various types of litigations including employment, corporate, public procurement, insurance, construction and administrative disputes, as well as in several arbitration proceedings, advising both international and domestic companies.

Andreea is also involved in several restructuring and insolvency matters, mainly in the life sciences sector.

Areas of FocusFinancial ServicesIndustrialsLife SciencesReal EstateLitigation, Arbitration and Investigations

EXPERIENCE

  • Representing a global innovation-driven pharmaceutical company front of domestic Courts for annulment of the administrative acts (payment notifications in relation to the clawback tax) issued by National House of Health Insurance and for recovering the amounts paid as clawback tax in the absence of valid payment notifications.
  • Representing a pharmaceuticals company before the administrative Courts in relation to: (1) a tax decision in order to obtain the suspension of it during the entire period of the litigation proceedings against the decision and to stop the accrual of additional late payment interest and penalties; (2) the annulment of the administrative acts related to clawback tax issued by National House of Health Insurance and for recovering the amounts paid as clawback tax based on annulled payment notifications.
  • Advising one of the leading Romanian credit institutions on sensitive high-end employment matters, including cross-practice advice on employment litigation in a high-end disciplinary dismissal case.
  • Advising and representing a significant real estate developer against two well-known NGOs in several litigations in relation to the suspension and annulment of a building permit and a Zonal Urban Plan regarding a residential project in Tineretului area.
  • Advising, as part of a global team of advisors, a Chinese international conglomerate and investment company in relation to participating in a bid for the acquisition of the insurance subsidiaries of a Greece based financial group with presence in Romania.
  • Assisting a company part of the Austrian insurance group:
    • in challenging the decision issued by the tax authorities that imposed additional VAT liabilities for the company;
    • during the subsequent court action initiated due to the negative response received form the tax authorities;
    • in drafting a referral application for the Court of Justice of the European Union regarding the right of deduction of the VAT related to acquisition of land and the constructions of buildings with which taxable transactions are performed - positive decision of the Appeal Court as regards VAT deduction right;
    • recovering the amounts initially paid to the state budget (over EUR1 million) as per the decision of tax authorities, but for which the court decision was favourable to our client;
    • requesting interest from the tax authorities in relation with the amounts not due to the state budget.
  • Assisting and representing a member of an Irish agribusiness group in various insolvency proceedings opened against several of its suppliers. Also represented the client in general debt recovery procedures, pre-insolvency arrangements and advise the client with respect to criminal proceedings initiated against one of its former suppliers.
  • Representing and advised a global producer of piping equipment for liquid transport in an internal arbitration related to hidden defects of over 2,000 tons of industrial tubes.
  • Representing and providing legal advice to a large CEE low-cost airline company and its employees in relation to criminal proceedings pending before Prosecutor Office attached to Bucharest Tribunal (disclosure of confidential data) and before Prosecutor Office attached to Buftea Court (illegal recordings).
  • Advising a CEE large low-cost airline in several complex "class action" employment litigations in relation to extensive salary rights claims (requiring sophisticated expertise analyses), challenges against terminations of employees for various reasons and challenges against enforcement claims.
Education

    Prior Experience

    • May 2021 – to date: DLA Piper Romania, Senior Associate
    • May 2017 – April 2021: DLA Piper Romania, Managing Associate
    • May 2012 – April 2017: DLA Piper Romania, Associate
    • October 2009 - April 2012: DLA Piper Romania, Junior Associate

    Memberships And Affiliations

    • Member of the Bucharest Bar and of the National Union of Romanian Bars

    Connect

    Phone

    +40 731 790 967
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