A top-five pharmaceuticals company assisted by law firm Ionescu si Sava obtained the annulment by the Bucharest Court of Appeal of a claw back tax in total amount of 3 million Euro

The Bucharest Court of Appeal annulled a 3 million Euro (15 million lei) claw back tax set for the second quarter of 2012, of a top-five pharmaceuticals company assisted by law firm Ionescu si Sava. According to the information provided by Cegedim, top-five pharmaceuticals companies in Romania are Sanofi, Hoffmann la Roche, Novartis, Servier and Pfizer. 

Ionescu si Sava considers that the main reason for annulment is related to the fact that the VAT was included in the tax base on which the claw back tax was computed. “In fact, [in terms of the claw back tax] a tax is set on another tax, which the Constitutional Court found contrary to the provisions of the Constitution in February 2013. This represents a breach of the fundamental tax principle of setting the tax burden fairly”, says Radu Ionescu, Managing Partner of Ionescu si Sava. The team working on the case was led by attorneys Radu Ionescu, Managing Partner and Alina Toma, Senior Associate.

The claw back tax has been repeatedly challenged by drug manufacturers because it is considered to severely restrict the access of patients to appropriate and properly priced pharmaceutical treatment.

The annulment decision may be challenged before the High Court of Justice within 15 days from its communication to the involved parties.