Diana Adesman

Dispute resolution: Litigation and arbitration

Diana has extensive experience in dispute resolution as a litigating lawyer, covering a wide range of complex litigation arising from private and public law relationships. In the field of administrative law, Diana has provided and continues to provide legal assistance and representation both in initiating prior administrative procedures to challenge administrative acts, and before the administrative courts regarding complaints, appeals or, where applicable, the revocation, suspension of enforcement and annulment of administrative acts (normative or, as the case may be, individual ones), including the annulment of tax assessment decisions (regarding deductions, taxes, contributions) etc.), of decisions of refusal regarding VAT refund, of acts concerning precautionary measures etc.

Diana provides assistance and representation in public procurement litigation, energy and natural resources disputes, domestic and international arbitrations, and regulatory and investigation proceedings in Romania. The innovative vision of the coordinated team has successfully led to the recognition of arguments in court in numerous situations, even influencing legislative changes in the energy and tax sectors.

Energy, Natural Resources and Sustainability

In terms of consultancy, Diana covers a wide range of legal aspects in the energy, natural resources and sustainability sector. These include regulation and compliance (including competition law aspects), obtaining the necessary permits, licences and authorisations, legal due diligence reviews, drafting and reviewing contracts for the generation, transport, supply and distribution of electricity, long-term power purchase agreements (PPAs), concessions, project financing and development.

Real Estate, Construction and Infrastructure

In a constantly developing real estate market, Diana has been involved in some of the largest transactions in Romania. Her real estate, construction and infrastructure practice covers complex legal aspects in sectors such as renewable energy investments, transport and infrastructure, real estate acquisitions and leasing. Diana provides legal assistance and representation for the implementation and development of real estate projects, including wind farms and photovoltaic parks, and also provides assistance in litigation and arbitration regarding disputes arising from FIDIC contracts.

Corporate & Commercial Law and Mergers & Acquisitions

Diana provides legal advice on complex corporate operations, the design of reorganisation plans, the drafting and negotiation of shareholders'/associates' agreements, assistance in shareholder/associate disputes, and the preparation of commercial contracts, including in matters of corporate governance.

Family Law

Diana has significant experience in the field of family law, providing specialist legal assistance in cases of divorce, the exercise of parental responsibility and asset division. She handles family disputes with professionalism and sensitivity, ensuring that her clients' rights and interests are protected throughout the entire process. From initial advice to court representation, Diana offers legal solutions tailored to each client's individual needs, contributing to the amicable or judicial resolution of family disputes.

Flagship projects:

Administrative law disputes

• Legal assistance and representation of various renewable energy producers in various administrative and tax litigation disputes, having as their object the annulment of acts issued by regulatory authorities, as well as claims, amounting to approx. 20 million RON, representing sums paid as additional tax, namely the Contribution to the Energy Transition Fund;
• Legal assistance and representation for the Romanian subsidiary of one of the largest international energy suppliers in a series of complex litigations concerning amounts representing building tax related to wind turbine supporting towers (with a value of over 38 million Euros);
• Legal assistance and representation for a group of companies operating on the energy market in a series of tax disputes (over 40), having as their object the annulment of a decision of the Central Tax Commission (with an impact on the classification of wind turbine towers as buildings and their taxation accordingly), respectively the annulment of subsequent tax-administrative acts issued by various local public authorities, by which the obligation to pay significant sums of money as building tax related to the wind turbine support towers (with a value of over 40 million Euros) was established upon them;
• Legal assistance and representation for the local leader in electricity production and the main provider of necessary technological services in several complex disputes relating to hydrotechnical construction contracts, both before the Romanian courts of common law and before the High Court of Cassation and Justice;
• Legal assistance and representation granted to a Kazakhstan investor in hydrocarbon exploration, production, refining and transport operating in Romania in complex civil litigation regarding the annulment of acts issued by public authorities;
• Legal assistance and representation for a company belonging to the local leader in dairy production in a complex tax dispute having as its object the annulment of a decision whereby an additional tax was established in the context of the non-recognition of the deductible nature of certain intra-group services;
• Legal assistance and representation for one of the largest international concrete safety barrier manufacturing companies in a series of public procurement litigation cases before the National Council for Solving Complaints and the Bucharest Court of Appeal;
• Legal assistance and representation for a private company in a complex dispute regarding the suspension of the enforcement of a decision by the President of the National Energy Regulatory Authority, through which the authority approved the overcompensation amount of over 53 million lei for the activity of high-efficiency co-generation of electricity and thermal energy;
• Legal assistance and representation for a banking institution in complex litigation against the Romanian State, having as its object the annulment of a decision issued by the Bucharest Regional General Directorate of Public Finances, seeking to annul the administrative act whereby the registration in the land registry of the Romanian State's right of ownership over certain properties in connection with which the client held a mortgage right was ordered;
• Legal assistance and representation for a private company in a series of proceedings concerning the suspension of enforcement and annulment of tax-administrative acts issued by the National Agency for Tax Administration with a view to establishing significant payment obligations for the client by way of corporate income tax and value added tax.
• Legal assistance and representation for a private company in a complex dispute concerning the annulment of administrative acts issued by the Romanian Court of Accounts against the client, whereby the latter was ordered to recover substantial sums of money.
• Legal assistance and representation for a group of companies in the waste management sector in complex litigation concerning damages under municipal waste service delegation contracts and, where applicable, the annulment of administrative acts issued by local authorities or an administrative contract.

 

Commercial disputes

• Legal assistance and representation for a minority shareholder in complex corporate law litigation concerning the recovery of a sum of approximately 25,000,000 lei in connection with one of the largest Cash & Carry companies in Romania;
• Legal assistance and representation for a banking institution in a dispute concerning the recovery of a sum of approximately 1 million Euros, pursuant to a series of credit agreements concluded between the client and a real estate developer;
• Legal assistance and representation for a major real estate developer in a complex litigation concerning claims based on the management of a property located in Bucharest, valued at approximately EUR 10 million;
• Legal assistance and representation for a private company in major corporate law litigation regarding the annulment of resolutions passed by the company's general meeting of shareholders;
• Legal assistance and representation for a banking institution in various disputes concerning, essentially, the annulment of a sale and purchase agreement and of mortgage contracts regarding a property valued at approximately EUR 2 million.
• Legal assistance and representation for a group of companies operating on the furniture and decorations market in various litigation cases involving claims amounting to approximately RON 11 million;
• Legal assistance and representation for a commercial developer in insolvency litigation concerning a claim of approximately 1.8 million lei, as well as for legal assistance and representation in litigation before arbitral tribunals for the recovery of significant sums of money.

 

Property law disputes

• Legal assistance and representation for an Italian investor in complex litigation regarding the defence of the right of ownership over a property with an area of over 41,000 sq m;
• Legal assistance and representation for various individuals in difficult litigation regarding the recovery (under common law or, where applicable, special reparation laws) of properties of substantial value;
• Legal assistance and representation for a private company in complex disputes regarding property law, annulment of subdivision deeds, annulment of cadastral documentation, and rectification of land register entries.
• Legal assistance and representation for a banking institution in a dispute having as its object the pronouncement of a court judgment to substitute an authentic sale-purchase agreement;
• Legal assistance and representation for a company operating logistics services in a complex property law dispute concerning its headquarters.

 

Insolvency litigation

• Legal assistance and representation for a banking institution in case files concerning challenges brought by alleged creditors against measures ordered by the debtor's judicial administrator in insolvency proceedings, seeking the enforcement of obligations arising from the conclusion of over 65 pre-sale agreements for properties over which the client held a mortgage to secure a claim amounting to EUR 1.8 million;
• Legal assistance and representation for a banking institution in a dispute regarding the challenge of a client's claim, amounting to approximately 14 million lei, with which it was entered in the preliminary table of claims drawn up in insolvency proceedings;
• Legal assistance and representation for a banking institution in a dispute regarding the insolvency procedure of the debtor company, for the recovery of a claim of approximately 13 million lei;
• Legal assistance and representation for a banking institution in a dispute concerning the bankruptcy procedure of a major real estate developer, with a view to recovering an amount of approximately 25 million lei.

 

Employment law disputes

• Legal assistance and representation for a group of pharmaceutical companies in complex employment law litigation initiated by former employees, concerning the challenge of the termination of the individual employment contract, as well as material and moral damages;
• Legal assistance and representation for a banking institution in complex employment law litigation initiated by former employees, having as object the contestation of the measure of termination/abolition of the individual employment contract, as well as damages.
• Legal assistance and representation for a major IT company in employment law litigation initiated against former employees, having as its object the obligation of the latter to pay material and moral damages.

 

Other projects

• Member of the legal team selected by the Ministry of Justice to produce a legal analysis report on the impact and implementation of the New Codes (in civil and civil procedure matters);
• Assistance and representation of several individuals in civil law disputes having as their object actions for the annulment of/appeals against decisions issued by the Romanian College of Physicians, the National Council within the Order of Nurses and Midwives in Romania, the Monitoring and Professional Competence Commission for Malpractice Cases within the Public Health Directorate of Bucharest Municipality in relation to medical malpractice cases, as well as in claims for damages having as their object tort liability for medical malpractice cases.

 

Commercial and investment arbitration

• Legal assistance and representation for the Romanian subsidiary of a top player on the international construction market in two ICC arbitration proceedings arising from FIDIC Red Book contracts concerning a road infrastructure rehabilitation project in Romania;
• Legal assistance and representation for one of the leading international construction and civil infrastructure companies in the enforcement proceedings in Romania of an international arbitral award concerning claims of over EUR 6 million.
• Legal assistance and representation for an Italian global contractor in dispute resolution proceedings for multiple claims for damages arising from road infrastructure rehabilitation contracts in the Republic of Moldova, with claims exceeding EUR 5.5 million;
• Legal assistance and representation for a major construction and civil engineering group in complex dispute resolution proceedings relating to multiple claims arising from a national road rehabilitation contract in Romania, with a dispute value of over €4.5 million;
• Legal assistance and representation for a Bulgarian national company operating in the natural gas sector in an arbitration dispute with Transgaz, concerning claims upon the completion of a long-term natural gas transmission contract.

 

Energy & Mineral Resources

• Legal assistance and representation for the Romanian subsidiary of one of the world's largest energy suppliers regarding the acquisition of wind and photovoltaic projects in Romania, with a total capacity of over 200 MW, respectively legal assistance regarding various regulatory aspects;
• Legal assistance and representation for a major European renewable energy project developer in relation to the development, authorisation and sale of over 500 MW of photovoltaic projects in Romania;
• Legal assistance and representation for a major European renewable energy project developer in relation to the sale of wind farms totalling over 200 MW in Romania.