Bondoc și Asociații SCA has provided legal assistance and representation to one of the largest energy suppliers in Romania in a case concerning the annulment of an ANPC decision imposing additional measures after the establishment and sanctioning of a misdemeanor falling under the scope of Law no. 363/2007 on unfair business practices.
The case called into question not only the ancillary nature of ANPC’s decision in relation to the report of finding and sanctioning the contravention, annulled by a final court ruling, but also arguments of illegality, including the arguments relating to ANPC’s lack of competence based on the provisions of Law 363/2007 in the situation where it found alleged unfair commercial practices in the sector of activity, and the inapplicability of Law 363/2007 in the hypothesis in which certain contractual provisions were also relevant in the case.
In its recent final decision, the court validated the interpretation put forward by Bondoc și Asociații SCA and held that Law 363/2007 was inapplicable to the case and that the authority lacked the competence to issue the challenged decision, thus annulling this decision.
The new success of the litigation team of Bondoc și Asociații SCA once again reiterates its expertise in handling complex cases, including its experience in highly regulated areas.
The team handling this case on behalf of Bondoc și Asociații was composed of Attorney-at-Law Ioana Katona, Partner and Attorney-at-Law Anca Radu, Associate in the litigation department.