Romania: Schoenherr successfully advises Alpiq in EUR 158m tax dispute

Alpiq obtained the full annulment of a tax decision imposing approx. EUR 158m (RON 792m) in payment obligations on the company as value-added taxes and corporate income taxes. The mandate was especially complex as it included one of the largest tax assessments ever made by the Romanian tax authorities.

Schoenherr advised Alpiq from the onset of this case in 2017 to the favourable ruling by the first procedural court, which was recently confirmed by Romania's Supreme Court. Schoenherr's services included support in the preliminary administrative procedure aimed at challenging the tax decision, designing the case strategy for challenging the tax authorities' decision in court, as well as dispute management and court assistance in the main case file and a series of incidental court cases that arose in connection with it.

"By combining our dispute resolution and tax advisory capabilities, we provide integrated solutions to complex tax disputes," said office managing partner Sebastian Guțiu, who heads Schoenherr Romania's dispute resolution practice. "We have developed a solid track record in this area, and this recent major win further confirms that we are employing the right approach."

"In addition to the high stakes for Alpiq, this court case was complex from a legal perspective," said managing attorney at law Nora Olah, who played a significant role in the team advising Alpiq in the case. "It raised a series of interesting legal and tax aspects that we tackled effectively. We congratulate Alpiq on their victory and thank all the legal and tax advisors involved for their exceptional collaboration."

Alpiq is a leading Swiss electricity producer and energy service provider active throughout Europe.

The case was handled by a consortium of law firms and tax advisors, which in addition to Schoenherr Romania included Reff & Associates (Deloitte Legal), Băncilă, Diaconu & Asociații and Domokos Partners.