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Buju Stanciu & Asociații Secures Landmark Tax-Litigation Victory Before Romania’s High Court
Buju Stanciu & Asociații has obtained a landmark ruling that strengthens fiscal certainty for energy-sector investors. On 24 June 2025, the Romanian High Court of Cassation and Justice annulled a supplementary corporate-tax assessment of EUR 1.2 million together with all accessories, levied against Energy Republic Trading.
The disputed assessment arose from an October 2022 audit in which the tax authority (ANAF) treated an uncollected RON 29.57 million “early-termination” receivable under an EFET power-trading contract as taxable income and rejected RON 4.6 million in joint-venture expenses as non-deductible. Litigators Marius Stanciu (Partner) and Vlad Mureșan (Senior Associate) demonstrated that both positions violated the Fiscal Code’s principles of certainty and predictability.
The High Court agreed, holding that litigious receivables cannot be taxed until they become certain and enforceable and confirming that legitimate business costs remain deductible even when related revenues are deferred. The judgment clarifies how account 473 (“Transactions Pending Clarification”) should be used and curbs the growing practice of “pre-taxing” hypothetical gains or re-characterising bona-fide expense, issues common across European energy markets.
See more articles from our member firm in Romania, Buju Stanaciu & Asociatii.
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