The High Court of Cassation and Justice has recently upheld a decision of the Timisoara Court of Appeal, with significant relevance for transfer pricing disputes based on the re-qualification of the functional profile of a company within a multinational group from independent producer to producer under the full control of the group. It has been confirmed that elements specific to the operation of a multinational group, such as providing support services by global cooperation structures or the existence of common directors, do not prove the existence of a transaction between the parent company and the controlled entity that would justify reconsidering the functional profile of the company, even in cases where the controlled entity experienced periods of losses.
Nestor Nestor Diculescu Kingston Petersen has secured a final favorable decision for an important manufacturer of components for automotive safety systems, in a customs dispute. The final decision issued by the Timisoara Court of Appeal confirms the company’s right to recover the customs duties paid based on incorrect customs declarations, marking a significant benchmark in the legal field.
NNDKP CELF event in Timisoara – Tax Disputes in The Digital Era
Nestor Nestor Diculescu Kingston Petersen (NNDKP) successfully represented Hammerer Aluminium Industries Santana S.R.L., a producer of semi-finished castings from aluminium recovered from recyclable materials for various uses, in a complex dispute related to transfer pricing aspects before the High Court of Cassation and Justice (ICCJ).
