Filip & Company Law Firm has secured a landmark final ruling for the company that owns and operates one of the largest shopping centres in Bucharest in a dispute regarding the regulations governing construction work in Bucharest.
The court permanently upheld the request filed via a preliminary injunction and ordered the suspension of demolition work being carried out on a large adjacent building, part of a major real estate project. The measure will remain in effect until a technical assessment is conducted to determine the protective actions necessary to ensure the safety of the shopping centre and its visitors.
“This ruling confirms that urgent procedural mechanisms can provide effective protection in situations involving genuine and imminent risks. The decision is particularly significant because it was secured in a civil dispute via a preliminary injunction. This demonstrates the courts’ openness to effective procedural remedies, even in contexts where civil court intervention was traditionally approached with caution due to the existence of administrative acts still in force”, said Alin Grapă, Counsel at Filip & Company.
The decision is notable for its immediate practical impact, having been obtained through civil litigation via an expedited preliminary injunction procedure. The final ruling reflects the courts’ openness to innovative procedural mechanisms that enable the effective protection of endangered rights; it moves past the traditional approach where civil courts refrain from intervening in matters stemming from active administrative acts that have not yet been suspended or annulled by administrative courts.
Through this ruling, the court confirmed the possibility of using effective procedural remedies to prevent significant risks until the technical merits of the case are clarified, thereby providing an important benchmark for similar disputes within the construction and real estate development sectors.
The Filip & Company team that managed this project consisted of Alin Grapă (Counsel) and Eduard Maxim (Senior Associate).
Filip & Company’s dispute resolution and arbitration practice consistently assists Romanian and international companies in some of the most complex disputes in Romania, covering commercial, administrative, construction, infrastructure, and competition litigation, as well as domestic and international arbitration. The team is consistently recognized by the most prestigious international legal directories, Chambers and Partners and Legal 500, for its expertise in handling complex disputes with a significant impact on clients’ business operations.