GRUIA DUFAUT Lawyers win critical litigation over LOI breach

Bucharest – October 5, 2022


The GRUIA DUFAUT Law Office successfully represented in court the shareholders of one of the largest groups of companies acting in sugar processing industry, who turned against one of their competitors over the breach of a letter of intent (LOI) for the purchase of all the assets of the group.

Our client was seeking to obtain over 4 million Euros in compensation for an unjustified and unexpected refuse by the potential buyer to go along with the purchase, after being granted exclusivity.

The decision rendered is of paramount importance for the M&A case law with regard to the binding legal nature of the LOI, the consequences of violation thereof and of the lack of good faith in negotiations.

Seven years and 2 trial cycles later, the Gruia Dufaut Law Office was successful in obtaining this final decision where the potential buyer was ordered to pay damages, decision that has recently been validated by the High Court of Cassation and Justice.

Teodora KOLETSIS, Partner, and Florin DOGARU, Associate, were two members of the GRUIA DUFAUT team who handled this case file.

With an extensive experience of over 16 years as a business lawyer, Teodora KOLETSIS handles both advice and representation in litigation on corporate law, real estate, taxation, insolvency and public procurement. She represents clients in complex commercial case files and administrative and tax litigation, before all Romanian and European courts and arbitration tribunals. She advises in M&A operations, due diligence reports drafting, real estate transactions, as well as in the negotiating and drafting of national and international commercial agreements. At the same time, she heads the public procurement law team, in her capacity as qualified public procurement expert.

Florin DOGARU attorney at law in the Litigation Department of our Office, is mainly involved in case files in the fields of civil law, administrative law, tax law, public procurement, and insolvency. He is also involved in drafting legal filings and representing clients before the competent courts. Alongside the teams of senior lawyers, Florin DOGARU often handles consultancy matters within operations related to real estate and corporate law.



 About the GRUIA DUFAUT Law Office

GRUIA DUFAUT is one of the first independent business law offices in Romania, set up by Dana GRUIA DUFAUT, attorney-at-law at the Paris and Bucharest Bars, who, has been involved in numerous projects in Romania for 30 years now. The Law Office provides legal assistance in all business-related law fields, with focus on commercial transactions, fusions and mergers, companies’ reorganizing & restructuring, public procurement, greenfield projects, and joint ventures. With a team of 15 experimented lawyers, trained both in Romania and abroad, the Law Office advises a multinational and multisectoral clientele. As of 2019, GRUIA DUFAUT was selected by Team France Export (Business France) to provide business support in Romania for French SME within the program „law and fiscality – setting up subsidiaries and consultancy”.