Octavian Popescu
Partner
E: octavian.popescu@musat.ro
■ P: +40 21 202 59 33
■ F: +40 21 223 04 95
Octavian Popescu has gathered extensive expertise in the litigation field, having handled contentious matters in various areas of practice, representing governmental and non–governmental institutions and multinational corporate clients in disputes before the Romanian Courts, including the High Court of Justice. He specializes in commercial and corporate litigations, administrative and civil litigations and has developed particular knowledge in insolvency, foreclosure writs and procedures, as well as bankruptcy matters.
Octavian is notable for his practice in the field of white–collar crime and financial fraud, being regarded as one of the leading Romanian lawyers with an extensive experience in this area. He is reputed and acknowledged for his comprehensive approach to difficult cases, involving corruption, corporate fraud, as well as, economic espionage and provides expert assistance during prosecuting investigations, as well as, in front of the relevant Romanian Criminal Courts.
Show moreRecent relevant experience includes:
- Assisting Rompetrol Group NV, one of the largest oil refining companies in Romania, with respect to a high–profile commercial dispute against The Ministry Of Public Finance, regarding the implementation of a share capital increase (claim value in excess of EUR 500,000,000).
- Representing Thyssen Krupp (Germany) in various commercial litigations initiated by a Romanian party (Metalimportexport) with a claim value in excess of 40 million USD. Further assisting Thyssenkrupp throughout the insolvency proceedings declared against several of its significant commercial debtors in connection with the recovery of multimillion euro secured and unsecured receivables.
- Representing Leumi Bank in a complex commercial litigation having as object a claim for the annulment of a decision of the bank, whereby shares amounting to USD 33,350,000 have been cancelled.
- Representing Orange Romania, a leading mobile services provider in Romania, before Romanian administrative authorities and competent courts of law in connection with the annulment of a public procurement procedure for services in the aggregate amount of EUR 17,000,000. Further acting for ORANGE in a court litigation against FONOMAT SRL, concerning alleged commercial debts amounting to EUR 12,500,000.
- Assisting Italo–Romena Leasing Ifn and Banca Italo–Romena (part of the Italian financial group Gruppo Veneto), Romstal Leasing IFN (part of KBC Group), EFG Leasing IFN and CATERPILLAR POLAND in multiple insolvency and foreclosure proceedings for the recovery of various commercial debts exceeding EUR 37,000,000, arisen from leasing contracts, including prosecution of debtors in criminal proceedings.
- Representing United Shipping Agency, the largest provider of stevedoring services in Constanta seaport, in a complex shareholders' dispute with total claims valued at EUR 30,000,000.
- Assisting Mytilineos Holding (Greece), in a UNCITRAL arbitration before ICC (pending) with regard to the performance of the obligations undertaken through a privatisation contract of a Romanian company, the aggregate claims amounting to EUR 32,000,000. Further representing SOMETRA (part of Mytilineos Holding) in executory proceedings initiated by a Romanian company for the recovery of an alleged multimillion commercial debt, as well as in multiple fiscal litigations challenging excises and other duties to the State budget, and environmental disputes arisen from contravention complaints.
- Representing Feral Tulcea (a major local ferroalloy manufacturer owned by the world–leading FEROM group) in several commercial litigations, seeking compensation exceeding EUR 16,000,000. Further assisting Feral in a complex fiscal litigation opened against the National Agency for Fiscal Administration (ANAF) claiming VAT reimbursement exceeding EUR 2,500,000.
- Representing DSU Romania, part of the Thyssenkrupp group, in a judicial procedure against the seizure of stocks consisting of road building material in value exceeding EUR 6,000,000.
- Representing Eureko, a leading insurance company, in a complex commercial litigation in relation to alleged insurance claims amounting to over EUR 7,000,000.
- Assisting Caterpillar Poland, the world's leading manufacturer of construction and mining equipment, during the insolvency, force execution and criminal proceedings against several debtors with the aim to pursue the recovery of debts arisen from leasing contracts for industrial equipment.
- Acting for Gaz Sud, a leading gas distribution company in Romania, with respect to various claims arisen from services agreements regarding the design of their gas distribution network.
- Representing European Drinks and European Food (the leading Romanian food and drinks producers), at various courts of law in over 50 commercial litigations and shareholders disputes.
- Representing Romstal Leasing in a fiscal litigation case opened against the National Agency for Fiscal Administration (ANAF) on VAT, income tax and other duties due to the State budget.
- Representing State Patrimony And Protocol Administration Agency (RAAPPS), during the insolvency proceedings undertaken against TBNI (Transporturi Bucurestii–Noi International).
- Representing Trust Corporation in a dispute concerning the challenging, during the insolvency procedure, of the validity of a sale–purchase agreement concerning a real estate which the client concluded with the debtor.
- Retained by TSR Czech Republic, the Czech market leader in trading and processing ferrous and non–ferrous scrap, to represent its interests during insolvency proceedings commended against CUPROM, in view of pursuing the recovery of a multi–million commercial debt.
- Representing Elgeka Ferfelis, a leading distributor of various FMCG goods in Romania, in a commercial litigation with claims exceeding EUR 5,000,000 arisen from the infringement of an exclusive distribution agreement in Romania.
Show moreAccolades
- Praised specifically for his libel and defamation work, Octavian Popescu is recommended by sources as an "efficient and effective litigator”. Source: Chambers Global, 2011
- Clients have been extremely pleased with the “sparkling and aggressive representation provided by Octavian Popescu.” Source: Chambers Europe, 2011