Commercial & civil litigation: Strategic court representation

Litigation & Disputes

Commercial & civil litigation

Strategic court representation

A commercial dispute is not just a disagreement—it's a costly business interruption. When negotiations fail and the conflict reaches the courts, the objective shifts: efficiency, strategy, and rigorous case management are needed to achieve a favorable outcome in the shortest time possible.

TGZ Legal provides comprehensive assistance and court representation services, approaching litigation not as a battle of egos, but as a business problem requiring a strategic solution. The foundation of our court work is perfect mastery of the procedural rules established by the Civil Procedure Code.

B2B & commercial disputes Arbitration & mediation All levels of jurisdiction

Our approach: Procedural strategy is the key to success

Our extensive experience in dispute resolution has shown us a fundamental truth: success in the courtroom is merely an effect. The real cause of success is meticulous preparation.

Common strategic mistakes

  • Superficial analysis of evidence before starting the trial
  • Misunderstanding the real cause of the dispute (poorly drafted contract or defective internal procedure)
  • Failure to propose essential evidence within strict procedural deadlines
  • Treating litigation as a matter of pride, not as a business decision

When to contact us

  • A business partner is not meeting their contractual obligations
  • You received a summons and need urgent representation
  • Shareholder conflicts or challenges to general assembly resolutions
  • You want an objective assessment of chances in a potential dispute

Expertise in disputes between professionals (B2B)

We specialize in the particularities of commercial litigation, technically known as "disputes between professionals." These often involve a high level of technical and financial complexity.

contracts

Contractual disputes

We handle disputes regarding non-performance or defective performance of commercial contracts.

  • Claims actions and penalty clause activation
  • Contract annulment for consent defects
  • Resolution and termination for non-performance
corporate

Corporate disputes

We represent in shareholder conflicts and corporate governance disputes.

  • Annulment of general assembly resolutions and director liability actions
  • Shareholder exclusion or withdrawal procedures
  • Dividend distribution disputes
competition

Unfair competition disputes

We protect commercial interests against acts of unlawful competition.

  • Actions to stop denigration and customer diversion
  • Trade secret and know-how protection
  • Urgent provisional and protective measures
insolvency

Insolvency litigation

We assist creditors and debtors in insolvency proceedings.

  • Challenges to the claims table and objections to reorganization plans
  • Actions to hold management personally liable
  • Representation in creditor meetings
ip

Intellectual property disputes

We defend companies' intellectual property rights.

  • Trademark and copyright protection
  • Counterfeiting and unfair competition actions
  • Provisional measures to stop infringements
adr

Alternative dispute resolution

We actively promote alternative solutions when in the client's interest.

  • Mediation procedures for amicable and confidential solutions
  • Commercial arbitration as a faster alternative to courts
  • Assisted negotiation for pre-litigation resolution

Stages of our procedural strategy

TGZ Legal's approach is structured and transparent, focusing on meticulous preparation and efficient evidence administration.

  1. 01

    Preliminary analysis

    Week 1

    We honestly and directly assess the chances of success using AI, risks, estimated costs, and probable duration of the litigation. We provide the client with a clear picture for an informed business decision.

  2. 02

    File preparation

    Weeks 2-3

    We collaborate with the client to collect and organize all evidence: documents, contracts, correspondence, necessary expert reports.

  3. 03

    Strategy development

    Week 3

    We define the defense or attack line, anticipate the opposing party's moves, and prepare responses to counter-arguments.

  4. 04

    Regularization and evidence

    Legal deadlines

    We ensure strict compliance of the statement of claim or statement of defense with the requirements of the Civil Procedure Code.

  5. 05

    Court representation

    Throughout the trial

    We argue the case with professionalism and rigor before all levels of jurisdiction: first instance, appeal, and cassation (Supreme Court).

Appeals

Representation at all levels of jurisdiction

First instance

Trial court (District Court/Tribunal)

Complete representation in the trial phase, where evidence is administered and the facts of the case are established.

  • Drafting and filing the statement of claim
  • Evidence administration: documents, witnesses, expert reports

Ordinary appeal

Appeal (Tribunal/Court of Appeal)

Appeal allows complete re-trial of the case, both factual and legal aspects.

  • Critical analysis of the first instance decision and identification of errors
  • Supplementing evidence and presenting new arguments

Extraordinary appeal

Cassation (Supreme Court/Court of Appeal)

Cassation primarily targets aspects of illegality (incorrect application of law), not re-evaluation of facts.

  • Identification of grounds for cassation or modification
  • Arguments before the High Court of Cassation and Justice

Alternative

Commercial arbitration

A faster and more specialized alternative to common law courts for commercial disputes.

  • Confidential proceedings with specialized arbitrators
  • Enforceable decisions in a shorter timeframe

TGZ Legal perspective

“A well-managed dispute does not simply mean winning a case — it means protecting the client's legal and commercial position in the long term. At TGZ Legal, every court action is built strategically, with clear objectives and risk under control.”

Alexandra Burdulea · Managing attorney, TGZ Legal

Frequently asked questions

How long does a commercial lawsuit last in Romania? +

Duration varies significantly depending on case complexity, need for technical expert reports, and number of appeals exercised. A first instance trial can last between 1 and 3 years. Including appeals (appeal and cassation), a complex dispute can last over 5 years.

What does "dispute between professionals" mean? Is it different from ordinary civil litigation? +

Yes. A "dispute between professionals" refers to any dispute arising from the activity of a company or authorized natural person. Although procedural rules are largely the same as in civil litigation (e.g., divorce), commercial disputes often involve much more technical evidence (accounting expert reports, financial analyses) and are tried before specialized panels at tribunal level.

What is the most common mistake companies make in litigation? +

The most common mistake is inadequate evidence preparation and treating litigation as a matter of pride rather than a business decision. Many companies fail to keep orderly documentation (emails, minutes, notices) that becomes vital in court. Another mistake is missing procedural deadlines, which can result in losing the right to administer evidence.

Do we always need to go to court to resolve a dispute? +

No. We actively promote alternative solutions. Mediation or direct negotiation can be much more efficient and less costly. An amicable solution allows parties to resume commercial relations, while court proceedings usually destroy them permanently.

What is appeal and what is cassation? +

They are remedies against the first instance judgment. Appeal allows complete re-trial of the case (both factual and legal aspects) by the higher court. Cassation is generally an extraordinary remedy, heard by the High Court of Cassation and Justice (or Court of Appeal) and primarily targets only aspects of illegality (incorrect application of law), not re-evaluation of facts.

Discuss your legal situation with a specialized attorney

Send us the dispute context and within 24h we'll return with a preliminary assessment and available options.

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