Bucharest, 5th of July 2016: The High Court of Cassation and Justice (HCCJ) – Administrative and Fiscal Litigation Division admitted the second appeal by which Electrolux România S.A. requested the suspension of the enforcement of Decision of the Competition Council no. 10/2014, by which Electrolux România was sanctioned by civil fine in amount of over RON 9.8 million.
The second appeal ruling also supports the decision rendered, in the court of first instance, on the merits of the file. Thus, on 13.11.2015, Bucharest Court of Appeal – Eighth Division Administrative and Fiscal Litigation, decided to annul Decision no. 10/2014 and exonerate Electrolux România from the payment of the fine thus applied, the only solution of full annulment of the set of 8 actions promoted by the sanctioned manufacturers.
Although that decision is not final, being subject to HCCJ’s control, the ruling granted to Electrolux România in the court of first instance contributed to the consolidation of the unlawfulness arguments that were examined and taken into consideration by HCCJ in order to rule the suspension of the enforcement of Decision no. 10/2014.
“The ruling on the second appeal is important as, despite an unfavourable trend of the legal practice, it validates the arguments of Electrolux România regarding the unlawfulness appearance of the challenged administrative deed”, stated the coordinator of the team that prepared the case, Anca Buta Muşat – Partner Mușat & Asociații.
Electrolux România was assisted as soon as the initial stages of the investigation by Mușat & Asociații, the team of attorneys involved in the project being coordinated by Anca Buta Mușat – Partner and Coordinator of the Competition Practice within Mușat & Asociații, together with Paul Buta – Partner, Angela Mare – Partner and Răzvan Pele – Managing Associate.
The Electrolux Group is, through Electrolux România, one of the most important foreign investors in Romania, as it has been operating for more than 20 years a home appliance factory in Satu Mare.