The Law no. 28/2020 was published in the Official Gazette of Romania no. 274/01.04.2020 amending and supplementing the Law no. 321/2009 regarding retail of food products
The amendments hereinafter briefly explained will enter into force starting with 16th of May 2020, as follows:
- Please note that, currently, Law no. 321/2009 regarding retail of food products forbids retailers to invoice / recharge taxes and services to suppliers.
- Starting with 16th of May 2020, while the prohibition to invoice / recharge taxes and services to the supplier is still maintained, services and taxes related to the commercial act were excluded. Services which are directly related to the commercial act are those included in the legal framework concluded between the parties.
- The newly introduced amendments clarify the fact that the services related to the expansion of the retailer's distribution network, the fit-out of the retailer’s space or the events to promote the activity of the retailer shall not be considered as related to the commercial act. Nevertheless, services requested by the supplier from the retailer for the promotion, marketing and advertising of the supplier shall not fall under this rule as long as the supplier and the retailer have previously agreed upon by way of a clear-cut and unambiguous agreement.
- Considering the new framework and the related exceptions which leave room for interpretation, we highly recommend to cautiously review the commercial policies.
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