Raluca Constantin is a Senior Associate in the Bucharest office primarily focusing on dispute resolution matters.

With over 10 years of experience, Raluca has represented clients in a vast array of litigation proceedings and disputes, particularly tax, commercial and administrative litigations, but also labour and regulatory disputes, among others.

In terms of commercial litigation, Raluca has advised clients acting in various industries, both in contract disputes, as well as in specific, extra-contractual liability disputes and procedures. Her credentials also include assistance on other complex matters such as administrative litigation, having advised on judiciary claims for the annulment of specific provisions of normative acts or with respect to claims for the suspension / annulment of other administrative deeds, issued by Romanian authorities of various levels and specializations, as well as in high-value tax disputes covering a large spectrum of tax categories, including VAT, transfer pricing, corporate tax, excises, and non-resident income tax, among others.

Raluca has also been involved in litigation concerning investigations carried out by the competition authorities on a number of markets.

Raluca’s knowledge extends to restructuring and insolvency and, in recent years, to advising top energy players active in Romania on various administrative and regulatory matters.

She has also been involved in the firm’s know-how sharing programs and is a regular contributor to local legal and business magazines focusing on dispute resolution.

RECENT ENGAGEMENTS INCLUDE ADVISING

Dispute Resolution

• A CONFIDENTIAL CLIENT on obtaining a notable court decision concerning the interpretation of the applicable provisions of national law concerning medical waste transportation in relation to the provisions of ADR (The Agreement concerning the International Carriage of Dangerous Goods by Road)
• A PROJECT MANAGEMENT PROVIDER in a complex litigation proceeding against a well-known constructor in relation to contractual breaches of approx. EUR 4 million and arising from a design-and-build contract
• A CONFIDENTIAL COMPANY on the setting-up of a VAT-related business model involving the coordination of VAT regimes across the EU*
• A COMPANY ACTIVE IN THE CATERING SECTOR on obtaining a 75% reduction of the amount of tax on a building determined by local tax authorities as being due, following a tax inspection (the reduction was obtained in the prior administrative procedure, without recourse to the courts of law)*
• A CONFIDENTIAL COMPANY on the annulment of a tax decision by which the Romanian tax authorities requalified marketing costs into protocol expenses with limited deductibility (the value of the corporate tax initially due by the client exceeded EUR 1 million)*
• ONE OF THE LARGEST RESIDENTIAL DEVELOPERS IN ROMANIA on obtaining a favourable court decision concerning the approval of the urban zonal plan (PUZ) proposed by the client*
• THE ADMINISTRATOR OF AN ON-LINE PLATFORM ASSESSING WORK ENVIRONMENT IN ROMANIAN COMPANIES, based on the feedback received from former employees, on obtaining a notable court decision by which the on-line platform administrator was obliged to erase certain damaging comments referring to the work environment in the client company and to not publish other comments with similar content to those that have been erased*
• Assistance on obtaining the annulment of certain provisions of the Norms for the application of the Romanian Tax Code (Government Decision no. 1/2016) with respect to the VAT regime related to royalties*

*Experience prior to joining Kinstellar.

EDUCATION

• 2012: University of Bucharest, Romania, Faculty of Law, Bachelor of Law

PROFESSIONAL AFFILIATION

• Romanian Union of Lawyers
• Bucharest Bar Association

LANGUAGES

Romanian, English, French