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Carpatair obtains an annulment on the state aid given to one of its competitor by the Timisoara International Airport „Traian Vuia”

Carpatair obtained, helped by Ţuca Zbârcea & Asociaţii, an irrevocable decision to annul the state aid given to Wizz Air by the Timisoara International Airport „Traian Vuia”. The decision was pronounced by the Pitesti Appeals Court on November the 14th, 2012.

The Pitesti Appeals Court confirmed the previous decision of the Timisoara Tribunal that established the state aid for a global discount for airships weighing over 70 tons MTOW as illegal through the price list in the publication for aeronautical information from the 26th of august and annulled the aid.

On the 30th of August 2011, the Timis Tribunal admitted the request made by Carpatair, counseled by Ţuca Zbârcea & Asociaţii, annulling the state aid by the Timisoara International Airport „Traian Vuia” through global discounts on airport taxes of up to 85%.

The decisions that were obtained in this lawsuit, starting from the first favorable by the Timis Tribunal, represent, through the arguments regarding the competencies to solve an suit and of the ways to establish the existence of state given aid, a very innovative judicial construction in the matter of state aid.” said Ioana Hrisafi, the lawyer that represented Carpatair in court.

The decision of Pitesti Appeals Court is the first irrevocable judgment pronounced in a long line of trials against Timisoara International Airport started by Carpatair regarding the annulment of the state aid given by airport in various forms.

The reasons that the First Court pronounced their decision are, on one side, the fact the the discount in the price list could not be justified economically, and on the other side, they took in consideration that the significant reductions to airport taxes applied to only one air operator that was using airships having liftoff maximum weight of over 70 tons. Essential was, also, the fact that the European Commission was not notified before regarding the state aid and that the aid was given without the consent of the European commission in regard to its compatibility with the common market.

Carpatair was counseled by a mist team from Ţuca Zbârcea & Asociaţii, under the coordination of partners Raluca Vasilache, Ioana Hrisafi and Robert Roşu. Also, a part of the team was Mihaela Maxim, Managing Associate in the litigation department and Anca Jurcovan, Managing Associate the competition law department.

Ţuca Zbârcea & Asociaţii is in the top of the international Legal 500 directory in regard to their capacity to solve disputes. The team of over 40 lawyers in the litigations department and internal and international arbitrations represent clients on all levels of the Romanian judicial system, from frist courts to the High Court of Cassation and Justice, as well as in special procedure in front of the Constitutional Court and national and international courts, in complex arbitration procedures based on the Court for International Commercial Arbitration (Romanian Chamber of Commerce and Industries), ICC, UNCITRAL and ICSID.

About Ţuca Zbârcea & Associates:  with a team of 95 attorneys in its Bucharest office, Ţuca Zbârcea & Associates operates a secondary office along with Nistorescu, Şomlea & Asociaţii in Cluj, but also an office in Madrid, Spain. As well, the firm established a strategic collaboration on a “best friend” principle with law firm Ţurcan Cazac, the leader of the business legal assistance in Chișinău, Republic of Moldova.

Ţuca Zbârcea & Associates offers judicial assistance in all areas of judicial assistance, being recommended by prestigious specialized international directories in areas like litigations and internationals arbitrations, public acquisitions, energy and natural resources, financial and banking law, infrastructure, labor law and social law, associate and commercial law, mergers, acquisition/ buy-outs, etc.

Ţuca Zbârcea & Associates has received numerous recognitions and distinctions both locally and internationally, it being the winner of „Top Law Firm of the Year” for 4 consecutive years and ”The Most Innovative Law Firm in Continental Europe” by the Financial Times. Also, the firm was awarded the most important distinction from the international specialized director Chambers Europe – the ”Law Firm of the Year” prize (Chambers Europe Awards for Excellence 2010), as well as the most important regional prize by the British publication The Lawyer – ”Law Firm of the Year in Eastern Europe and The Balkans” (The Lawyer European Awards 2010).

Recently, Ţuca Zbârcea & Associates won the prize for the most appreciated management style („Best Managed Workplace”) during the MPF European Leadership Awards 2012 ceremony.

Ţuca Zbârcea & Associates portfolio includes numerous national and multi-national companies, important financial institutions, as well as public authorities and governmental institutions. Amongst which Erste Bank/Banca Comercială Română (BCR), OMV Petrom, CEZ, Rompetrol Rafinare, ArcelorMittal, Carrefour, Romtelecom, Orkla Foods, Colgate Palmolive, GED Capital Development, Cadbury, Bursa de Valori Bucureşti, BRD-Groupe Société Générale, Banca Europeană pentru Reconstrucţie şi Dezvoltare (BERD), Philip Morris, Alstom Transport, Siemens, Ericsson Telecommunications Romania, ING Real Estate etc. 

>> Source: JURIDICE.ro

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