DRAGNE & ASOCIATII
Tel: 00 40 31 432 6170/71
Fax: 00 40 31 432 6179
Most senior representative: Ion Dragne, Managing Partner; Stelian Garofil, Managing Partner
No. of local partners: 6
No. of lawyers: 25
Offices in Romania: Bucharest
Partners and heads of practice
Ion Dragne is widely recognized as being one of most experienced and respected litigators in Romania, the “number-one” insolvency litigator in Romania (Chambers Global 2014). He is praised by his clients for his innovative solutions and relaxed approach. He acts for parties in domestic and international arbitration proceedings, including in disputes under bilateral investment treaties, commercial and tax disputes. He also sits as an arbitrator in Romania and is a Deputy Dean of the Bucharest Bar.
Stelian Garofil leads the firm’s Corporate & Commercial, M&A department. He advises domestic and international clients on a wide range of issues – in particular general commercial, shareholders disputes, intellectual property, corporate litigations, day-to-day business operation and insolvency matters. He has assisted clients in some of the most important acquisitions and privatization deals of the Romanian market. Legal 500 EMEA recommends him for the “very good knowledge of the IP and fiscal sector” (2014).
Delia Bosman is well-regarded for her versatile skills as a litigator, handling complex cases and arbitration disputes, both domestically and internationally. Her work also includes advising local and international investors, financial institutions and public entities on all aspects of real estate transactions and project developments, giving the “best advice and strategies” (Legal 500 EMEA, 2014).
Daniel Cirstea specializes in a broad range of litigation matters such as commercial, administrative and employment law. He has substantial experience in public procurement disputes and complex restructuring operations, advising companies on the planning and implementation thereof and the management of reductions in force.
Andreia Dumitrescu is “a young and determined lawyer who puts a lot of energy into her work. She is proactive and has very good legal reasoning” (The Legal 500 EMEA 2013). She specializes in domestic and international arbitration. Her arbitration experience includes investment and international commercial arbitrations under the ICSID, UNCITRAL, ICC, VIAC and other arbitration rules.
Ioana Oprea specializes in commercial litigation and international commercial arbitration. She has acted as counsel on numerous domestic and international arbitration with particular emphasis on large-scale construction projects. She represents owners and contractors in manifold arbitrations dealing with the full spectrum of financial and technical disputes deriving from design, varied works and liability for project delays.
List of the most representative projects
Assisting a company that operates in the area of buying and selling own real estate, buildings and residential estates, its various companies in their day-to-day business in the decision making process, in relation to various legal matters generated by three real estate major projects, including drafting/negotiation of commercial contracts (e.g. sale-purchase, contracts for works, FIDIC contracts) with clients/suppliers and advising on consumer protection issues, representing the Client in the relation with local authorities.
Assisting an important investment fund in the pre-transactional process for the acquisition of an office building and 500 sqm plot of land located in one of the most exclusive areas in the centre of Bucharest. The work includes confirmatory analysis of the due-diligence, drafting and negotiating the transaction documents, assistance during the negotiation phase.
Assisting one of the most important engine manufacturers in Central and South Eastern Europe, a company listed on the Romanian Stock Exchange (BVB) in the preparation and unfolding of the General Shareholders Meeting. The assistance includes an analysis of the company’s activity, the approval of the financial reports and electing the Board of Directors.
Assisting an important heat producer during the General Meetings of Shareholders regarding complex capital increase operations.
Specialist lawyer: Stelian Garofil;
Advising an important division of an European bank with regard to various issues related to consumer protection regulations applicable to loan agreements. Our work included representing the bank in multiple litigation cases in this area (over 30 cases).
Advising an important European bank with regard to various issues related to consumer protection regulations. Our work also included representing the client in multiple litigation cases in this area (over 50 cases).
Advising a Romanian bank in relation to the drafting of its loan-related documents and advising on consumer protection regulations, the risks arising from the failure to comply with the provisions of the New Civil Procedure Code etc. Drafting legal opinions on various terms and conditions provided in the financing agreements executed by the bank with its clients. As well, our law firm assists the Client in a project regarding the assignment of a receivables portfolio jointly owned by the Client and a foreign Bank.
Assisting an Italian bank in revising its entire portfolio of business contracts in light of the entry into force of the New Civil Procedure Code and consumer protection laws/case law (comprising over 90 business contracts such as escrow account agreements, financing agreements, movable and immovable guarantee agreements, direct debit agreements etc.).
Advising a non-banking financial institution, on various financing issues, in relation to consumer protection regulations applicable to the credit facilities and the assignment of its receivables portfolio to a strategic partner. The work also included a project for the assignment of the Client’s receivables portfolio and also various legal opinions regarding the compliance of the services rendered by the Client with the National Bank of Romania regulations and with the data protection legal provisions.
Representing a soft drinks company concerning the restructuring process of credits valued at roughly EUR 180 million.
Specialist lawyers: Stelian Garofil, Daniel Cirstea;
Energy and Natural Resources
Assisting a leading Romanian energy producer (state owned) in six litigation files vs the energy traders, having mutual claims evaluated at the amount of EUR 450 million. The claims derive from long term sale-purchase contracts concluded with the Client and could have a significant impact on the latter’s commercial activity. The client’s undergoing insolvency procedure.
Advising the largest copper domestic Romanian producer (state owned) in a litigation case vs. a business partner, the value in dispute exceeding EUR 17,3 million. The case concerned the annulment of a contract and it was successfully finalized, the client being exempted of the claims. The trial was two-folded and started in 2010, the favorable solution permitting the client to rewind the privatization process
Representing a mining company regarding the qualification of an investment as a state aid.
Specialist lawyers: Ioana Oprea, Andreia Dumitrescu;
Monitoring the implementation of the commitments undertaken by one of the top three players on the Romanian telecom market, on behalf of the Competition Council. During the monitoring procedure, originally decided by the Competition Council to cover a three years period, as a monitoring agent we needed to ensure that the telecom operator and its distributors/sub-distributors are taking all the necessary measures, both contractually as well as in respect of business behaviour, to remove the anti-competition concerns.
Assisting and representing one of the largest food distributors in unfair competition issues against a multinational consumer goods company (the use of confidential data and information regarding the retail clients, taking over clients and staff etc.) and in relation to the contractual liability resulting from breach of the non-exclusive distribution contract. We have also been in charge with establishing the overall approach and project’s strategy.
Representing a major wholesale player in EMEA region and provider of telecommunication services in an unfair competition case file against a similar player (the matters concerns the appropriation of clients, the use of confidential inside information etc.). The value of this case file is of roughly EUR 500.000.
Assisting a company that owns three television licences at a national level in relation to the investigation launched by the Competition Council concerning the breach by the National Council of Audio Visual of the competition law by issuing a decision that limits the commercial autonomy of companies and by establishing discriminatory conditions (must-carry principle).
Specialist lawyers: Stelian Garofil, Andreia Dumitrescu;
Advising a foreign real estate company in the majority of their litigation cases concerning the Romanian subsidiaries. The cases cover all the range of real estate matters such as: contract annulment, building permits, claims for non-performance, administrative fines, etc.
Assisting a real estate foundation in relation to multiple administrative procedures and litigations for restitution of real estates (theatres, hospitals, schools and other real estates of public use) that have been owned by Jewish communities in the country and were taken over by the Romanian state before 1989.
Assisting an economic unit specialized in youth travel programs in a dispute regarding the legality of certain legal deeds and the restitution of a plot of land of approximately 70,000 sqm, located in Bucharest, with the intended use of sport boating base, the amounts in dispute totalling roughly EUR 75 million.
Advising an important supplier of social services in a complex dispute concerning the annulment of certain legal deeds issued based on restitution laws and ascertaining the ownership right over an orphanage located on a 3,700 sqm land in the Bucharest city centre. The legal work includes also assistance in litigation phase and claims for annulment of subsequently concluded sale-purchase contract for the real estate at hand.
Specialist lawyers: Andreia Dumitrescu, Stelian Garofil, Delia Bosman;
Litigation and Dispute Resolution
Assisting one of the most reputed food & drink companies on the Romanian market in relation to the enforcement procedure of an ICSID award for the recovery of damages in amount of over USD 250 million as well as negotiating with the state representatives. The case, successfully finalized in December 2013, concerned the cancellation of a series of fiscal incentives for investment in disfavoured areas and fell under the Bilateral Investment Agreement between Romania and Sweden. Dragne & Asociatii has assisted the client in this arbitration from 2010 while part of the team have worked on this case since 2008. After 8 years of arbitration, the Court ruled in favour of the investors and decided that the Romanian state has to pay damages.
Advising the largest copper domestic producer (state-owned) in a litigation case vs. a business partner, the value in dispute exceeds EUR 17,3 million. The case concerned the annulment of a contract and it was successfully finalized, the client being exempted from the claims of RON 77 million (EUR 17,3 million). The trial was two-folded and started in 2010, the favourable solution permitting the client to rewind the privatization process.
Advising one of the largest telecommunications corporations in various litigation cases deriving from a commercial contract entered into by the client with a local company acting in the field of selling and distribution of telecommunication equipment and services. The dispute is multi-folded and implies several litigation cases as well as multiple claims and challenges brought by the client against the aforementioned defendant in the latter’s insolvency procedure.
As well, our law firm assists the client in a series of litigation cases concerning the claims brought against it for the cancellation of building permits for GSM stations and their demolition in various areas of the country.
Assisting a commercial bank in multiple litigation cases concerning enforcement, execution procedures vs. various debtors. Our team also offers advice in complex labour law cases and debts recovery.
Advising a client operating in the roads and motorways construction industry in relation to various public procurement related disputes before the National Council for Solving Complaints and in courts of law deriving from contracts in the infrastructure field (construction and repair works for district roads). The majority of the disputes were favourably settled for the client.
Specialist lawyers: Ion Dragne, Stelian Garofil, Andreia Dumitrescu, Delia Bosman, Ioana Oprea;