Overview
Luciana Duțu is a Senior Associate with extensive experience in dispute resolution and corporate law, Luciana has been constantly exposed to complex projects, in areas spanning from tax and administrative litigations, labor disputes, real estate disputes, to corporate disputes and procedures before the ECHR or ECJ referrals.
Luciana has assisted high-profiled clients in domestic litigations, with a focus on tax disputes, insolvency and bankruptcy matters, complex enforcement procedures related to secured shares and distressed assets, as well as employment disputes.
In the tax area, Luciana was involved in notable VAT, CIT and transfer pricing litigations, as well as in proceedings for the recovery of EU funds, including preliminary references to the ECJ, for some of the key players in sectors like IT, agriculture, construction or services.
Luciana has also acquired extensive expertise in employment and labor related disputes, ranging from redundancy, disciplinary procedures, discrimination and harassment, performance appraisals to remuneration and benefits.
In the real estate area, Luciana assisted various real estate services companies in disputes related to obtaining the building permit for residential projects or defending the zoning plan in an action for annulment, as well as in claims for land recovery (title disputes), or complex procedures of adjudication of distressed assets in insolvency.
Luciana is fluent in English and French.
Relevant Matters:
- Member of the legal team retained by important companies active in the renewable energy sector, in connection with several tax disputes on the annulment of the administrative and taxation acts issued by various local public authorities which provide for client’s obligation to pay significant amounts of money as building tax for the wind turbine towers.
- Member of the legal team retained by important companies active in the renewable energy sector, in connection with several tax disputes on the annulment of the electrical energy production surcharge imposed by Law 259/2021 and subsequent legislation.
- Member of the legal team in connection with several administrative disputes on behalf of a real estate company for the purpose of defending the building permit for a residential project/defending the zoning plan in an action for annulment.
- Commercial disputes on behalf of a group of companies regarding the civil liability of the prime contractor for non-performance of the obligations under the contract of works for the execution of an important leisure facility.
Practice Areas
Industries
Highlights
- Landmark decision in the renewable energy sector: the Constitutional Court upholds claim on unconstitutionality of over-taxing renewable energy producers
- Țuca Zbârcea & Asociații obtains a referral for a preliminary ruling to the CJEU in a public procurement dispute in the field of innovative medical technologies