The High Court of Cassation and Justice ruled in favoor of the National Agency for Fiscal Administration (ANAF) in the „Micula” case, a decision that proves the state has the necessary tools to recover illegally granted state aid, worth hundreds of millions of euros, the Minister of Finance, Alexandru Nazare, informed on Monday.

„The High Court of Cassation and Justice ruled in favour of ANAF in the „Micula” case, confirming the legality of the measures to freeze the assets of the companies European Food and Transilvania General Import Export. It is an important decision, which proves that, where there is will to restore justice, the state has the necessary instruments to recover illegally granted state aid, worth hundreds of millions of euros. After years of trials and lawsuits through which the two companies tried to avoid paying debts, justice has clearly established that ANAF acted correctly and in the interest of Romania,” the Minister wrote on the social network.

He underscored that the Court’s decision is all the more important as ANAF discovered that these companies had transferred important assets to other entities, in trying to prevent the recovery of debts by the Romanian state.

ANAF had previously announced, in a press release, that the High Court of Cassation and Justice had ruled in its favour, maintaining the precautionary measures imposed on the companies S.C. European Food S.A. and S.C. Transilvania General Import Export S.R.L, to ensure that the state can recover the amounts illegally granted in the Micula case.

The tax authority took precautionary measures, during 2024, to recover the state aid in the Micula case, based on European Commission Decision C (2015) of March 30, 2015, given that, following the analysis of the fiscal situation of the debtors, individuals and legal entities, who are jointly and severally liable for the reimbursement of the state aid, elements regarding the alienation of movable and immovable assets were identified.

Prosecutors from the General Prosecutor’s Office and police officers from the Economic Crime Investigation Department conducted six house searches in the Bihor County on Monday, at the registered offices and workplaces of commercial companies that are part of the European Food and Drinks Group, owned by brothers Ioan and Viorel Micula.

The case concerns the commission of tax evasion and embezzlement crimes, related to the illegal state aid granted to the European Drinks group of companies worth hundreds of millions of euros.

In 1998, the Romanian authorities adopted an emergency government ordinance granting investors from disadvantaged regions certain tax incentives for a period of ten years. As part of the process of preparing for accession to the European Union, Romania ended this incentive regime in 2005, three years earlier than the legislation required.

Ioan and Viorel Micula, Swedish investors residing in Romania, are the majority shareholders of the European Food and Drinks Group, the beneficiary of these incentives. According to the provisions of a bilateral investment treaty concluded in 2002 between Sweden and Romania on the promotion and mutual protection of investments, the Micula brothers, as well as other claimants, requested the establishment of an arbitral tribunal to obtain compensation for the damages caused by the repeal of the incentives provided for by the GEO.

In 2013, the arbitral tribunal found that Romania had failed to ensure fair and equitable treatment of investments and awarded the claimants compensation of approximately 180 million euros.

In 2015, the European Commission adopted a decision declaring that the payment of compensation was state aid and requested Romania to recover the amounts already paid and to refrain from any further payment.

AGERPRES