Romanian businessman Gabriel ‘Puiu’ Popoviciu’s lengthy legal battle has reached a final conclusion with a robust and final decision in his favour. On 15 January 2025, Romania’s High Court of Cassation and Justice, Romania’s equivalent of a Supreme Court, upheld an earlier decision by the Bucharest Court of Appeal in July 2024 to completely acquit Popoviciu, overturning his sentence. The decision of the High Court of Cassation and Justice to exonerate Popoviciu is both final and irrevocable, meaning this is a definitive end to a saga that has lasted over 18 years.
Judge Liana Arsenie, the head of the Court of Appeal, gave a 172 page judgment in July 2024, in which she concluded that Nicolae Marin, a since retired prosecutor with Romania’s National Anti-Corruption Directorate, had fabricated the charges against Popoviciu and his fellow defendants. She ordered the acquittal of all 11 defendants on the grounds that that the alleged offences do not exist, explaining, “The investigating authority assigned fictitious roles and functions and imagined authority relationships. The prosecution was built on a scenario imagined by the prosecutor.” She highlighted, “Truncated interpretations, the breaking of logical-legal algorithms and the attribution of criminal connotation to the exercise of civil rights and obligations.”
Popoviciu and his ten fellow defendants had been accused by Nicolae Marin of abuse of office, bribery and favouring the offender in connection with SC Băneasa Investments SA’s project on a 224-hectare plot of land where the largest shopping, office and residential complex in Romania was built. The July 2024 verdict from Bucharest’s Court of Appeal found that these allegations, involving an alleged gift of a bottle of whiskey and a PET bottle of homemade plum brandy, plus the offer of a position for the witness Motoc Ion (who later confirmed he never received such an offer) were invented by prosecutor Nicolae Marin. The July 2024 court decision followed a full review and retrial of the case and concluded that the defendants were wrongly accused and convicted, not least because the alleged offences do not exist. The entire July 2024 ruling in Popoviciu’s favour was upheld by the final and irrevocable decision of the 15 January 2025 resolution of the High Court of Cassation and Justice.
The lengthy legal saga had not been limited to Romania, with the Romanian prosecutor also seeking Popoviciu’s extradition from the UK. In 2021, the High Court of Justice of Great Britain definitively rejected Romania’s request to extradite the businessman, with British judges reasoning that Popoviciu was not tried by an impartial tribunal in Romania and had suffered a complete denial of his rights to a fair trial, as protected by Article 6 of the European Court of Human Rights. This ruling was then supported in 2023 by the UK’s Supreme Court, meaning a definitive decision by the UK’s courts to refuse to allow Popoviciu’s extradition to Romania.
The Băneasa real estate development project, in which Popoviciu was instrumental, has brought great benefit to the Bucharest metropolitan area and its infrastructure. Băneasa operates the largest shopping centre in Bucharest, with a $54m turnover. The 2005-2022 indirect impact generated through the commercial activity of Băneasa’s tenants totals $1,575m. The 2005-2022 net salaries and the related taxes and contributions sustained as a result of the induced effect of the Băneasa commercial, office and residential area account for $1,947m. The project is a major employer for the region. On top of the over 2600 direct salaries paid by the Băneasa entities, Băneasa’s tenants paid over 59,000 salaries. More than 160,000 salaries were sustained during 2005-2022 as a result of the induced effect of the commercial activity of the Băneasa entities and the development’s tenants. Out of the $555m of total direct impact, over 95 percent was generated after the economic crisis. All of this was achieved despite the conditions of the lengthy court sagas.
A British business journalist covering South-East Europe gave the following insight into the importance of the case: “International commentators knew this was a trumped-up case. It’s difficult for foreign observers to comprehend how this could happen. The Băneasa development is a jewel for Romania and it has brought billions in taxes and contributions to the state budget. Those of us who care about Romania find it difficult to grasp how a rogue prosecutor could be allowed to launch these totally unfounded charges against Gabriel Popoviciu. This injustice did not reflect well on the country and made investors uneasy. Hopefully the country now turns a corner and the justice system will no longer be abused in this way.”
