Comtim in the house of a Jew
by Bianca Toma
published Tuesday, February 11th, 2003 in Evenimentul Zilei
The nephew of a Jew who built a house in Timisoara in the
30s, house nationalized by the Communist government which became 25 years ago the headquarter of the company COMTIM, has requested in a
lawsuit the restitution of the house which was the property of his grandfather,
Eugen Klein. His nephew, Eugen Szekely
(incorrectly spelled in the original text), now is established in Canada and had
commenced, four years ago the procedure for the restitution of the house.
In the same time interval COMTIM, as a result of the bankruptcy was in a
liquidation process, thus the heir of the first owner of the headquarters’ of
the meat-processing corporation made the request to the liquidator,
PricewaterhouseCoopers Romania (PwC). He was offered compensation, without
an explicit amount. Eventually, through his representatives, the
liquidator had signaled that the bankruptcy status of the company would
take precedence over the Communist nationalization act. Eugen
Szekely maintains that the liquidator does not comply
with the Romanian laws governing the restitution of the abusive confiscated
property and has logged a complaint with the directors of PwC US and UK, which
decided to investigate the Romanian case.
The
previously Klein House built 80 years ago
Eugen Syekelz
(another misspelling of my name – it happens to me also) tells that his
grandfather, Eugen Klein, has built, in 1927, on a piece of land purchased in
Timisoara a house, which, as outlined in the contract, would turn into a
residence for his family, a store and a small business office. “Ten years later, during the WWII, the
situation has worsened and for my grandfather, as a Jew the things became even
worse. He managed to escape the
Holocaust; he went with the Russian army, to return in 1945 in the Romania in the Communist era. In 1950, in
order to create the “collective property”, all the houses owned by the so
called “enemies of the people” became the state property” says Szekely. The same thing happened with the small
business of the Klein family, who were thrown into a one room apartment in the
city. The house built in 1927 became
initially the headquarter of a regional organization and eventually became the
head office for the largest western pigs farm cooperative, Comtim. “In 1999, COMTIM became bankrupt, PwC being
named as the liquidator and it tried to put out the house for sale, although
the company did not own the title deed.
Then we initiated a lawsuit for the rectification of the title deed,
which was suspended at the apparition of the law 10/2001 dealing with the
restitution of the houses abusively confiscated by the communists” said Klein’s
nephew.
The petty Romanian
extortions
After the action was suspended, in 2001, Eugen Szekely, contacted Radu
Bufan, the PwC consultant, the company which is in
charge of the liquidation of COMTIM. “Bufanu told me his solution. PwC would sell the house, and I would get
part of the monies. I told him then that
I cannot accept his solution and that I want the restitution of the house as mandated
by the law. Bufanu
told me that I am not open to negotiation and if he wants, he could stall the
lawsuit at the Supreme Court and could even sell the judicial rights to the
house. Practically, he denied me any
possibility of recuperating the house expressing his intent to abuse of PwC’s resources to force me into accepting a deal that is
illegal and immoral”, says Szekely. He
requested then from the liquidator the restitution of the house. PwC, through Emilian
Radu, the director of the liquidation department, answered that the house
contains the archives, the liquidation activity is very complex and only 40%
completed, and at the date of the nationalization the house has been
structurally modified. At the same time,
he is offered compensation without amount.
The lawyer of Mr. Szekely replied to PwC that he does not agree with the
reasons of the refusal and added that a bankrupt company cannot make
compensation offers, as long, as the bankruptcy was triggered by lack of funds.
Bufanu makes good on his threat
However last year in November, the Judge overseeing the liquidation
accepts the proposal of the Comtim’s liquidator to
sell five assets of the company including the litigious rights to the Comtin’s headquarters, as Radu Bufanu
had threaten the owner to do. “If PwC
refused the restitution of the house invoking the necessity to continue the
liquidation of Comtim in the house, how can they be
in sell negotiation with another firm for the rights to the house. At that moment I sent notification letters
relative to the illegality of this transaction.
I communicated with the president of PwC UK notifying him
about the illegal intent of PwC Romania. The transaction was stopped”, says the
beneficiary of the house. Radu Bufan confirms that initially he published such an
advertisement, but later it was retracted in order to avoid any problems on
this issue. Through a lawyer in England,
Eugen Szekely contacted about this case the management of
PwC from the US and UK. He received a
confirmation that an independent investigator will analyze this month the case
of Szekely against PwC Romania.
Observation
The article
has a large picture of the house a few days before the publishing date and a
smaller showing the house in 1930.
On the large
picture it says – “the house that holds the offices of the bankrupt company has barely
changed since 1930 (see insert)”
The Romanian version of the
article can be seen online
or as a scanned
version.
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