Why do pharmaceutical companies in Romania oppose the claw-back tax?

by Oana Strătulă  (Partner) The obligation to pay the claw-back tax was introduced in Romania, for the first time, in 2009, and it referred to the obligation of the medicines’ producers to pay a quarterly contribution for reimbursed medicines. Taking into account that in Romania the total quarterly consumption of reimbursed medicines is much higher than […]

The strategy used by the European Commission to claim back the funds granted

by Oana Strătulă  (Partner) Beneficiaries of EU funds have encountered unpleasant surprises from the European Commission. Many of them have been accused of creating artificial conditions to receive funding, paradoxically by the same authority who previously approved their projects and payments on the basis of a serious documentation and after many checks1.    The accusation was […]

The luxury of being an owner in Romania, at IMF command

by Oana Strătulă  (Partner) In the Letter of Intent agreed with the International Monetary Fund in late July, the Government has expressed its desire to find new ways to broaden the base of social contribution system in order to reduce the burden of labour taxation1. In this regard, the official document shows that by mid-September 2013, […]

“Friendship Law” in the public procurement “industry”

by Oana Strătulă  (Partner) Many times, ever since the reading of the tender documentation, it can be loomed the preference of the contracting authority for certain potential bidders, that usually results from the established conditions regarding the professional capacity which the participants must have. This is particularly evident in areas where the number of specialists is not […]

Romania’s strategy for an announced failure: Nabucco

by Oana Strătulă  (Partner) In an uncertain moment for the fate of the Nabucco project  which is already declared loser in front of the competition represented by the Trans-Adriatic Pipeline (TAP), Romania has rushed to adopt legislative measures which aim the achievement of the development works of the Nabucco gas pipeline on the land of our […]

New legislation with impact on the drug/medical equipment supply contract award, enforced at the beginning of the second quarter 2013

By Sorin Strătulă (Partner) On April 2nd 2013 the Romanian Parliament passed a new law for implementing the EU Directive 2011/7/UE on combating the late payment in commercial transactions, i.e. Law no. 72/2013 on combating the late payment in contracts between professionals and contracts between professionals and contracting authorities1.  This new Law provides for certain […]

Anti Illicit Trade (“AIT”) – main laws existing in Romania and their application

By Sorin Strătulă (Partner) This short analysis will briefly present the main national legislation in force regarding AIT (as of March 2012), with a focus on those provisions of the Fiscal Code and Customs Code on the matter, as well as on the provisions of the legislation in force sanctioning corruption crimes. Main national primary […]