MUSAT & ASOCIATII

Address: 43 Aviatorilor Blvd., 1st District, Bucharest, Code 011853, Romania
Tel: +40 21 202 59 00; +40 31 423 29 00
Fax: +40 21 223 39 57
E-mail: [email protected]
Web: www.musat.ro
Most senior representative: Gheorghe Musat, Founder and Managing Partner
No. of local partners: 17
No. of lawyers: 100
Offices in Romania: Bucharest, Brasov
Representative clients include: Geely Holding Group and Geely Automobile Holdings Limited, Ecolab, SNGN Romgaz, Amazon, Les Laboratoires Servier, Novartis, Kaufland, Naxxar Renewable Energy, Nurol Insaat, Makyol Insaat

Partners and heads of practice

Anca Buta Musat, Partner

Practice Areas: Competition/Antitrust & State Aid, Intellectual Property, Healthcare & Pharma, Litigation & Arbitration

Anca, with over 19 years of experience, has extensive knowledge in dealing with the whole range of competition issues, such as merger control and anticompetitive practices and conducts, having represented clients in all stages of the procedures and investigations carried out by the competition authorities, both at national and EU level. Anca is also recognized for her extensive experience in intellectual property law, including complex patent annulment cases, drafting and negotiating trademark and patent licensing/assigning agreements, franchise agreements, and advising clients on IP portfolio management and exploitation. She has assisted clients in a wide variety of industries.

Gheorghe Musat, Senior Partner

Practice Areas: Mergers & Acquisitions/Privatizations, Litigation & Arbitration, White Collar Crime

Mr. Musat founded Musat & Asociatii 35 years ago and is renowned for his innovative approach to successful handling of complex deals, alongside business and strategy development activities. He is one of the ‘market builders’ of the business law practice in Romania, being involved as team leader in a variety of high-profile M&A transactions, as well as in most of the major privatizations in Romania, acting either on the side of the Romanian Government or on the private buyers’ side, multinational corporations or large local companies. He gathered unparalleled expertise in M&A, Privatizations, Banking, Project & Corporate Finance, and Dispute Resolution (international and domestic arbitration included).

Paul George Buta, Managing Partner

Practice Areas: Intellectual Property, Competition/State Aid & European Law, Healthcare & Pharma, Mergers & Acquisitions/Privatizations, Litigation & Arbitration

Paul Buta, Ph. D. in Law and University Lecturer at the “Nicolae Titulescu” Faculty of Law has over 18 years of legal experience. Paul advises foreign investors and multinationals on some of the most complex cases, involving specific competition issues, IP, and regulatory issues in the pharmaceutical and medical sectors. Paul has advised clients in various sectors - Media and Audio-Visual, Pharmaceuticals, IT and Telecom, FMCG, Banking and Finance, Automotive, retail, Publishing, Rail, Textile, Chemicals, as well as NGOs and journalists. He is also recognized for his expertise in tax litigation and international arbitration, particularly for his ability to analyze multifaceted situations and to provide innovative solutions.

Monia Dobrescu, Partner

Practice Areas: Real Estate & Construction, Banking & Finance, Corporate & Commercial Law, Mergers & Acquisitions/Privatizations

Monia has a 20-year track record of advising top Banking & Finance and Real Estate clients. Over the years she coordinated and successfully closed a high number of complex financing deals and was involved in numerous highprofile Real Estate transactions. Monia advises on general finance matters, contractual relationships, syndicated loans, compliance & regulatory, mobile banking, fintech, and cryptocurrency related specific aspects. She is particularly well recognized for advising on project finance, with a special focus on real estate financing. On the Real Estate & Construction side, she advises on regulatory matters and authorizations, property portfolio restructuring, and real estate securities.

Razvan Graure, Tax Partner

Practice Areas: Taxation, Mergers & Acquisitions/Privatization, Restructuring & Insolvency/Bankruptcy

Razvan is a tax advisor with over 18 years of experience, eight of which were with Big Four companies. He has strong knowledge in tax planning and international tax structures, as well as in domestic VAT issues covering a wide array of industries, with a particular focus on manufacturing, automotive, logistics, energy and FMCG. His breadth of expertise also includes tax reviews, compliance work, VAT refunds, tailored training and seminars, collection of revenues, and tax compliance.

Stefan Diaconescu, Partner

Practice Areas: Criminal Law/White Collar Crime, Corporate & Commercial Law, Litigation & Arbitration

Stefan is a reputed criminal law practitioner, with over 11 years of legal experience in this field, during which he has provided complex legal assistance and representation service to numerous legal entities and individuals -  especially business men and politicians - before criminal investigation authorities and national courts of law, of all levels. Stefan has achieved remarkable results in high profile projects that included assistance (compliance, regulatory and internal investigations) to companies in order to avoid or prevent criminal prosecution, in matters which have included corruption crimes, economic crimes, aviation law, energy law, intellectual property and public procurement.

Iuliana Iacob, Partner

Practice Areas: Litigation & Arbitration, European Union Law, Corporate & Commercial Law, Energy & Natural Resources

Iuliana focuses her practice on domestic and international arbitration, public and private international law, public procurement, energy and natural resources, as well as infrastructure. She acted as counsel in multiple commercial arbitration disputes administered under the auspices of major arbitral institutions (ICC, VIAC, SCC), across a wide range of sectors, such as privatization, construction and infrastructure, energy or international commerce, as well as in complex cases involving applications for provisional measures, annulment of Arbitral Awards or recognition and enforcement proceedings. Iuliana has been short listed on the panel of arbitrators of the Bucharest Court of Arbitration and acts as arbitrator.

Dan Minoiu, Deputy Managing Partner

Practice Areas: Healthcare & Pharma, Intellectual Property, Consumer Protection, Corporate & Commercial Law, Competition & Antitrust

Dan has over 16 years of professional experience, during which he has assisted numerous companies operating in highly regulated fields, including pharmaceutical companies, medical device manufacturers, private clinics and hospitals, IT companies, as well as FMCG, insurance and agriculture. Clients value Dan for his in-depth knowledge of the complexities of the regulatory framework and for his business-oriented legal advice. Dan has advised numerous international and national companies on matters related to M&A, business transfers, as well as on regulatory, commercial, contractual and compliance issues regarding the delivery and promotion of products and services on the Romanian market. He has also represented numerous clients in landmark cases before regulatory authorities and courts.

Andrei Ormenean, Partner

Practice Areas: Corporate & Commercial Law, Energy & Natural Resources, Mergers & Acquisitions Shipping, Aviation & Transport Law, Insurance Law 

Andrei has a significant experience in the field of corporate and commercial law, assisting national and international clients from various industries in countless local transactions or with cross-border elements. In his more than 16 years of professional experience, Andrei has been mainly involved in complex M&A transactions, grouplevel reorganizations, as well as the negotiation of commercial contracts. Andrei’s clients include public and private companies, from blue chip multinational corporations to local companies, private equity funds as well as sovereign wealth funds.

Mihai Popa, Deputy Managing Partner

Practice Areas: Restructuring & Insolvency/Bankruptcy, Labour Law & Employee Benefits, Litigation & Arbitration, Corporate & Commercial Law, Insurance

Mihai has been advising clients for more than 19 years in all matters of reorganization and insolvency, as well as in areas of labour law. He is both a lawyer and insolvency practitioner and this allows him to take a more comprehensive approach when assisting clients. Mihai advises clients on judicial and voluntary reorganization, preinsolvency proceedings, bankruptcy and liquidation, asset recovery and/or negotiations with debtors and creditor, and also manages insolvency litigation, including recovery of receivables, cancellation of fraudulent acts, in all industries. On labour matters, Mihai advises clients in all industries, in both advisory and litigation mandates, including employees’ benefits, restructuring plans, voluntary retirement schemes.

Iulian Popescu, Deputy Managing Partner

Practice Areas: Public Procurement & PPP/Infrastructure, Energy & Natural Resources, Corporate & Commercial Law, Mergers & Acquisitions/Privatizations, Telecom, IT & Data Protection, Environmental Law, Shipping, Aviation & Transport Law 

Iulian is an expert in international commercial relations, with over 20 years of experience in highly complex business advisory and regulatory projects across the SEE region, as well as coordinating large public procurement, PPP, concession and infrastructure projects across a wide spectrum of industries, from civil engineering projects, ICT system infrastructure to military equipment and logistics. Iulian also advises on joint ventures, investor strategy, M&A, private equity, project finance, energy, oil and gas, and transport mandates. He also accumulated extensive experience in TMT, Energy & Natural Resources, Infrastructure & Transport and Environmental Law matters. Iulian has represented over 600 European, US/Canadian, and Asian companies in complex contract negotiation and regulatory matters.

Angela Porumb, Partner

Practice Areas: Litigation & Arbitration, Public Procurement & PPP/Infrastructure, Corporate & Commercial Law, Administrative Law, Taxation

Angela is a long standing and wellreputed litigation practitioner, with over two decades of extensive experience in civil and commercial disputes in front of Romanian Courts, at all levels. Angela acts on all types of disputes, including commercial, fiscal, and administrative. Her clients include leading multinational corporations, as well as private local companies acting in various sectors, such as pharma, financial investments, real estate and construction development projects, banking, energy, FMCG and public utilities. Angela also successfully represents both private and public actors and public utilities in disputes regarding PPP/Public Procurement projects.

Razvan Stoicescu, Deputy Managing Partner

Practice Areas: Mergers & Acquisitions/Privatizations, Banking & Finance, Capital Markets, Energy & Natural Resources, Public Procurement & PPP/Infrastructure, Corporate & Commercial Law, Litigation

Razvan is a highly regarded leading lawyer, with hundreds of transactions led and more than 20 years of legal advisory activity. He was involved in some of the most significant deals for the Romanian market, advising buyers and sellers in acquisitions, mergers and divestitures or cross border transaction, and financers, borrowers, underwriters and issuers on domestic and international financings, capital markets offerings, structured products, and derivatives. In his day-to-day activity Razvan also advises on matters of Corporate & Commercial Law, Public Procurement & PPPs, and Energy & Natural Resources. Razvan is also involved in some of the most complex and sophisticated disputes on the Romanian market.

Alexandru Terta, Partner

Practice Areas: Criminal Law/White-Collar Crime, Corporate/Commercial Law, Dispute Resolution, Real Estate & Construction

With a legal experience of over 19 years, Alexandru has become known for representing national and international clients in criminal litigations including white-collar crime, charges of fraud, bribery, embezzlement and money laundering. Alexandru provides specialized assistance and representation both in front of the prosecution bodies and of the relevant courts of law in Romania, ranging from the lower courts up to the High Court of Cassation and Justice, including the Constitutional Court, achieving remarkable results in high important projects that include economic crimes, tax evasion and money laundering, cybercrime and corruption cases, as well as legal assistance to companies that are subject to criminal or administrative investigations.

Cristi Tudor, Partner

Practice Areas: Restructuring & Insolvency/Bankruptcy, Taxation, Mergers & Acquisitions/Privatization

Cristi’s career spans more than 13 years and during this time, he has been advising clients on some of the most complex restructuring mandates of our firm. He has been acting as economist, accountant and as an insolvency practitioner, also taking on the role of judicial administrator and liquidator in multiple wide complex restructuring and insolvency procedures. Cristi handles projects in a wide range of industries such as infrastructure, energy, transport, construction, services and technology and is heavily involved in the majority of the practice’s most significant ongoing cases.

Ana Maria Abrudan, Partner

Practice Areas: Infrastructure & PPP/Public Procurement, Energy & Natural Resources, Environment, Telecom, IT & Media, Data Privacy and Cybersecurity

Ana Maria gained an extended experience and stands out as a dynamic and skillful lawyer in providing legal assistance and advice to the firm's clients in various areas, including Infrastructure and PPP/Public Procurement, Environmental Law, Energy and Natural Resources, Telecom, IT and Data Protection. Ana Maria has successfully handled an impressive number of complex and large-scale cases for a diverse range of clients. She has represented leading national and international companies, taking a personalized approach to each case, handling with passion and attention to details all mandates assigned by our clients, respectively focusing always on bringing innovative strategies and practical solutions to client issues.

Mateea Codreanu, Partner

Practice Areas: Healthcare & Pharma, Consumer Protection, Competition & Antitrust, Corporate & Commercial Law, Litigation & Arbitration, Insurance Law

Mateea has more than 10 years of experience on Life Sciences regulatory matters, Corporate & Commercial, Consumer Protection and Dispute Resolution. She has a wealth of expertise in the market access, pricing & reimbursement, promotion and labelling of medicinal products, medical devices, cosmetics and food supplements, having advised some of the leading international pharmaceutical companies acting in Romania on numerous regulatory matters. Also, Mateea has a wealth of expertise in go-to-market matters, advertising and labelling of various products (including food products, cosmetics, food supplements, infant formula, home appliance, detergents, clothing), e–commerce, product liability, having advised some of the leading international companies acting in Romania on numerous regulatory and consumer protection aspects.

List of the most representative projects

Corporate and M&A

Advised Geely Holding Group and Geely Automobile Holdings Limited (collectively referred to as “Geely”) on the Romanian legal aspects of a binding 50/50 joint venture agreement with Renault Group to launch a new powertrain technology company that aims to become the global leader in developing, manufacturing, and supplying best-in-class hybrid powertrains and highly efficient ICE powertrain. A powerhouse client of the firm, China-based Geely is an automotive company, ranked in the Global 500 with annual revenue exceeding $60 billion.

Assisted Naxxar Renewable Energy, one of the largest wind farm developers for the development and sale of a 685.6 MW wind project consisting of +110 Wind turbine Generators (WTG), clustered under 7 SPV to Polenergia. This is arguably the largest privately owned renewable energy (wind farm) project that is currently being developed on the Romanian market and, if  completed, will be regarded as a milestone and reference point both from a standalone installed capacity/project (MW/project) as well as from an absolute value (price/MW) perspective.

The firm’s team advised Adesgo, an European market leader in the production of women’s underclothing, with a tradition of almost a century on this market, on the sale of its factory and related business in Romania – transaction  structured on two layers: sale of the property and transfer of its business related to the manufacturing, marketing and selling of seamless apparel to Tefron (an Israeli investor with global presence).

Advised Sika AG (leading specialty chemicals company in the development and production of systems and products for bonding, sealing, damping, reinforcing, and protecting in the building sector and motor vehicle industry), on all Romanian legal aspects of its €5.3 billion acquisition of MBCC Group (Master Builders Construction Chemicals) from Lone Star Funds, a global private equity firm. Sika is a leading Switzerland-based chemicals company, with revenue of approx. $13 billion, subsidiaries in 100 countries and 25.000 employees.

The law firm is currently advising Ecolab in all post-closing matters concerning the acquisition of the Romanian subsidiary of Purolite, following the acquisition of the Purolite Group, a complex transaction involving around 20 jurisdictions over six continents. Jurisdictions involved include USA, UK, France, Singapore, Germany, China, Poland, New Zealand, Tunisia, Czech Republic, Jersey, Turkey, India, Korea, Japan, South Africa, Mexico, Australia, Israel, and Romania. Ecolab is a US-based market leader in water treatment, as evident by its $80 billion+ market cap.

Specialist lawyers: Gheorghe Musat, Paul Buta, Razvan Stoicescu, Iulian Popescu, Andrei Ormenean, Monia Dobrescu, Ana Maria Abrudan, Manuela Lupeanu, Madalina Trifan, Julieta Sfecla, Robert Urmosi, Simona Anton, Dragos Lungu, Alina Man, Cristian Cepesi, Sirin Stan (Omer), Dumitru Varzari, Evelina Stoian, Denisa Ceorcan, Adina Enache.



Banking

Advising BCR Banca pentru Locuinte - a division of BCR, one of the biggest banks in Romania, specialized in collective saving and lending for housing, on regulatory issues of the financing system, of which representative is the EUR multimillion litigation with the Ministry of Development, Public Works and Administration, concerning Bauspar matters and the implementation of the system in Romania.

Advising Hili Properties, one of the largest property investors active in Romania with a portfolio valued at approx. €240 million, with respect to a EUR multi million facility agreement for the acquisition of the minority shareholding in Baneasa Real Estate. The work includes structuring of the financing and security package as well as negotiation of the necessary finance documents.

Advising several of the largest international banks on a long-term basis - HSBC, JP Morgan, RBC, Citibank, Northern Trust, State Street, The Bank of New York Mellon, in connection with their 2024 provision of securities custody services in Romania and related risks in insolvency of local custodians.

The law firm provides advice a giant multinational payment card services corporation offering a range of payment transaction processing and other related payment services, in relation to a wide range of legal and regulatory aspects.

Advised Switzerland’s construction chemicals group Sika AG on all Romanian legal aspects of its €5.2 billion acquisition of MBCC Group (Master Builders Construction Chemicals) from Lone Star Funds, a global private equity firm. With revenue of $13 billion, subsidiaries in 100 countries and 25.000 employees, Sika is a leading specialty chemicals company. The law firm advised the client in respect to all Romanian law aspects of the acquisition (which involves, among others, the divestment of the business of MBCC Group), including with the legal due diligence, as well in respect of structuring the relevant financing streams for the implementation of the project.

Specialist lawyers: Razvan Stoicescu, Iulian Popescu, Monia Dobrescu, Angela Porumb, Andrei Ormenean, Ana Maria Abrudan, Madalina Trifan, Dragos Lungu, Oana Lupu, Liviu Viorel, Robert Urmosi, Cristian Cepesi, Sirin Stan (Omer), Dumitru Varzari, Elena Nitu.



Energy and Natural Resources

Providing comprehensive assistance to Solar Turbines Europe throughout all stages of bid preparation, encompassing the drafting of requests for clarification and proposals for the amendment of specific contractual terms, as well as establishing a proper participation structure for the sectoral procurement organized by Transgaz having as scope Preventive and Reactive Maintenance Services on Compressor Units produced by Solar Turbines in Natural Gas Compressor Stations with an estimated value of $18 million.

Assisted Naxxar Renewable Energy, one of the largest wind farm developers for the development and sale of a 685.6 MW wind project consisting of +110 Wind turbine Generators (WTG), clustered under 7 (seven) SPV to Polenergia, the largest private Polish energy group, one of the landmark transactions in energy in recent years.

Assisted and represented Transenergo COM, a major Romanian energy supply and trading company, in three complex international arbitrations before the German Arbitration Institute (seat of arbitration: Paris and Bonn) and the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (seat of arbitration Bucharest) deriving from EFET international agreements for the sale of electricity and involving multiple claims in excess of €3.5 million. The disputes involve parties from multiple jurisdictions (e.g. Romania, Bulgaria, Austria, Switzerland and Hungary) and the applications of different laws (lex arbitri, lex contractus, and law governing the parties’ capacity to arbitrate).

Assisting Hidroelectrica, the leading Romanian energy provider in connection with a complex arbitration dispute arising in connection with a complex infrastructure project of national importance regarding the rehabilitation of one of the largest hydropower plants in Romania and initially involving multiple claims and counterclaims with an amount in dispute in excess of €30 million.

The law firm is advising and representing one of the largest distributors of electrical power in Romania, in various complex multimillion EUR disputes. The Energy and Natural Resources department has provided legal and technical insight required for the evidentiary material used in this case and assisting the accountancy and fiscal expertise. By performing an analysis of the regulatory and compliance aspects of the energy distribution business and auditing its conformity they are required to provide lines of specialised argumentation for litigators.

Specialist lawyers: Iulian Popescu, Ana Maria Abrudan, Angela Porumb, Razvan Graure, Andrei Ormenean, Iuliana Iacob, Madalina Trifan, Cristian Cepesi, Alina Man, Liviu Viorel, Sirin Stan (Omer), Cristina Solcan, Sorina Baroi, Adina Enache, Carolina Mitea, Andrei Popa.



Competition

Assisted Naxxar Renewable Energy, one of the largest wind farm developers for the development and sale of a 685.6 MW wind project consisting of +110 Wind turbine Generators (WTG), clustered under 7 (seven) SPV to Polenergia, on the Romanian legal aspects regarding potential merger control assessment and analysis of meeting of foreign direct investment conditions for notification and authorization by the Romanian authorities. The transaction involved a passed acquisition by Naxxar from local developers of the project rights along with a B2B sale thereof to Polenergia under an SPA and co-development agreement to be entered into and expected to span over 4 years. This project is arguably the largest privately owned renewable energy (wind farm) project currently being developed on the Romanian market.

Assisted Geely Holding Group, a global mobility technology group, and Geely Automobile Holdings Limited, an automobile manufacturer, focusing on development, manufacturing and sales of passenger vehicles, (collectively referred as “Geely”) on the Romanian legal aspects of a binding 50/50 joint venture agreement with Renault Group to launch a new powertrain technology company that aims to become the global leader in developing, manufacturing, and supplying best-in-class hybrid powertrains and highly efficient ICE powertrain.

Assisting Electrolux, one of the world’s largest manufacturers of domestic appliances, through its local subsidiary, with complex analysis of Electrolux Romania’s distribution relations and day-to-day competition law related activities. They assisted the client with a range of assessments with regard to the distribution framework, relations with downstream service and products suppliers, advertising and marketing initiatives, overall conduct of business in Romania and competition compliance trainings.

Assisting and representing Electromagnetica, one of the oldest and most reputed Romanian producers of electronic apparatus, in an investigation procedure undertaken by the Competition Council on the market for electricity meters and energy measuring systems in Romania. The investigation’s aims were to identify eventual bid rigging and other collusive/market sharing practices on the respective market, between suppliers of measuring systems and electricity distribution operators in Romania. They represented the client before the Bucharest Court of Appeals and pursued the appeal before the High Court of Cassation and Justice.

Assisting the Cluj Avram Iancu International Airport, one of the fastest growing and dynamic airports in Romania, in connection with the investigation launched by the Romanian Competition Council regarding the airport’s alleged abuse of a dominant position on the market for access to the airport infrastructure to ground handling companies. The mandate included structuring the defence against the investigation report issued by the Competition Council in this case and representing the client in various judicial proceedings before the Bucharest Court of Appeal and the High Court of Cassation and Justice concerning the sanctioning decision issued by the Competition Council, one of which being finalised with the stay of enforcement of the Competition Council’s decision until the final settlement of the action for annulment of said decision.

Specialist lawyers: Paul Buta, Iulian Popescu, Ana Maria Abrudan, Angela Porumb, Andrei Ormenean, Manuela Lupeanu, Julieta Sfecla, Sirin Stan (Omer), Diana Panoiu, Constanta Duta (Carbune).



Real Estate

The team advises Kaufland, retail giant with 170 stores in Romania, on various real estate acquisitions in Romania during its expansion process. The client is one of the largest supermarket chains in Europe, with €34 billion of annual revenue. Typically, they are advising the client in connection with land purchases in different areas of the country, including on finalizing development on several projects, in each case performing complex legal work, from preliminary due diligence on the current title to in-depth analysis of the ownership chain, legal assessment on the urbanistic parameters and the compliance of the permitting procedure, reviewing and negotiating the PreSPAs, SPAs etc., handling litigation matters concerning the envisaged properties.

Assisted Naxxar Renewable Energy, one of the largest WF developers from the “new wave” of the renewables sector, in relation to the conditional sale of a +600 MW Wind Farm (WF) project consisting of +110 Wind turbine Generators (WTG), clustered under 7 (seven) SPV to one of the largest private energy group in CEE. Also, their work is currently related to the fulfilment of post-closing obligations and on ongoing development of the project.

Advising Havi Logistics on various aspects related to their activity and business model, as well as on the upgrading of its new distribution centre in Chitila (near Bucharest) by installing a photovoltaic power plant on such property, designed to cover part of the energy supply required for the operation of the distribution centre. The mandate included revisions and negotiations of (i) the addenda to the lease agreement for the property, covering such development, (ii) the maintenance agreement for the photovoltaic power plant, (iii) matters incurred during implementation of the project.

Advising Vision Housing, which operates over 1800 apartments across Europe, on its extremely difficult negotiation and currently ongoing litigation with its constructor in relation to the overall refurbishment works performed at one of its hotels located in centre Bucharest (the former Ramada Majestic Hotel). This is one of Bucharest's most emblematic buildings, located on the historic Calea Victoriei in the heart of Bucharest, consisting of over 106 rooms fully furnished, an interior swimming pool, a restaurant, a ballroom, gym & wellness area, conference room & much more.

Currently assisting Ubitech on the expansion of its real estate portfolio, via various acquisitions in different parts of Romania, such as Prahova County, Neamt County, Ilfov County etc. The envisaged development of these sites varies from factories to residential to environmentally conscientious green areas/parks.

Specialist lawyers: Iulian Popescu, Monia Dobrescu, Andrei Ormenean, Ana Maria Abrudan, Madalina Trifan, Liviu Viorel, Cristian Cepesi, Sirin Stan (Omer), Evelina Stoian, Adina Enache, Carolina Mitea.



Litigation and Dispute Resolution

Continues to represent KMG International NV and its affiliated companies in relation to €1.6 billion civil liabilities and commercial claims following the investigation performed by the Romanian authorities regarding the conditions for the privatisations procedures of one of the most important companies currently owned by KMG Group International NV (Rompetrol, Petromidia, Vega etc.); the taking over of these companies by the Romanian state debs derived from the petroleum exploitation from Libya; the negotiations with the Romanian Government of the instalment conditions of the historical debts due by part of the companies etc.; and consequently engaging civil responsibility of the legal persons involved in the above mentioned procedures.

Representing Damen Schelde Naval Shipbuilding BV before the Romanian Courts for claims aimed at cancelling the military public procurement acquisition of military ships for breaches of law, one filed with the Bucharest Tribunal and one filed with the National Council for Solving Complaints both in front of the Bucharest Court of Appeal. The initial case led to another three litigation cases - one for the annulment of the Government ordinance regulating the public procurement procedure, another criminal case related to the access to classified information, and a dispute concerning access to data classified as confidential information, the procedure for their declassification.

Assisting Hidroelectrica, the leading Romanian energy provider in connection with a complex arbitration dispute arising in connection with a complex infrastructure project of national importance regarding the rehabilitation of one of the largest hydropower plants in Romania and initially involving multiple claims and counterclaims with an amount in dispute in excess of €30 million.

Advising and representing BCR Banca Pentru Locuinte in relation to the mitigation and cancellation of the effects of a High Court of Cassation and Justice’s decision by which the BCR BpL was held in breach of certain highly interpretable banking provisions. They are handling several disputes and negotiations in relation to the regulatory issues of the financing system, including legislative amendment discussions, preparing several constitutional challenges and preliminary references to the Court of Justice of the European Union regarding relevant regulatory matters and constant dialogue and negotiations with the public authorities in view of addressing the outstanding implementation problems of this particular financing system.

Successfully representing Leoni Group (Leoni AG and its Romanian affiliate) in various court cases related to the investigation of a transnational informatics fraud, which led to a series of fraudulent transfers in the amount of €40 million. Their work on this matter has involved complex legal assistance and representation services before all relevant Romanian court regarding the applicability of business and commercial law. 

Specialist lawyers: Gheorghe Musat, Paul Buta, Razvan Stoicescu, Iulian Popescu, Angela Porumb, Alexandru Terta, Iuliana Iacob, Andrei Ormenean, Ana Maria Abrudan, Stefan Diaconescu, Liviu Viorel, Alin Sinocicu, Ana Maria Burada, Cristina Solcan, Sorina Baroi, Georgiana Negulescu, Iuliana Negura, Cristina Ciobanu



Tax

Advising Amazon, one of the largest companies in the world, upon extending its local presence in Romania, with respect to various day-to-day activities, including a demerger process and the implementation of various systems implemented by local tax authorities.

Advising HAVI, one of the largest players in the logistic field in Romania, with respect to restructuring of the activities performed and changing the business model from distribution model to agent model.

Advising Ferring Pharmaceuticals, a multinational specialty biopharmaceutical group, on the tax legal aspects related to the company’s activities in Romania. They advised the client on issues such as taxation of the revenues paid by the company to  foreign speakers attending educational events and revision of the related agreements, as well as on the COVID-19 related tax incentives and government relief.

Advising Disney in connection with the local taxes imposed by Romanian National Center of Cinematography, by providing relevant legal steps to fulfil their local obligations. Also, the law firm assisted the client with submission of challenges related to the computation of the amounts due to the Romanian National Center as well as drafting clarification letters on the obligations imposed to the company. To this extent, they assisted the company also with the payment and declarative obligations towards the Romanian National Center.

Assisting Kaufland Romania in relation to a tax auditing process, including assistance with procedures during the audit, as well as subsequent tax challenge exercises. They have previously assisted this long-standing client with other tax matters, such as: restructuring of the retail business, compliance with various regulatory obligations, implementation of electronic cashiers, and tax aspects in relation to various supplier damages. Their work on this matter has involved assistance during the court challenges for the annulment of the additional tax obligations set by the tax inspectors, as well as performing tax due diligence regarding the acquisitions of real estate by the company.

Specialist lawyers: Iulian Popescu, Dan Minoiu, Razvan Graure, Monia Dobrescu, Angela Porumb, Roxana Bujoreanu, Alina Man, Adriana Popovici.



PPP Public Procurement

Assists Nurol Insaat, a major Turkish leading group, active at international level in the areas of construction and infrastructure (e.g., highways, tunnels, bridges etc.), currently participating in public construction works sector in Romania. Founded as an international general contracting company in 1966, Nurol is now present in 15 countries on three continents, with over 10,000 technical and administrative staff.

Assists Makyol Insaat, a Turkish leading contractor firm, active in the areas of construction and infrastructure (e.g., highways, airports, dams, tunnels, bridges etc.), currently participating in public construction works sector in Romania, in connection with various contractual issues deriving from public procurement contracts concluded with public authorities, e.g., the National Railway Company (in Romanian, “CFR”), Metrorex, National Road Infrastructure Management Company, National Company for Investment and Inter-Community Development Association For Metropolitan Infrastructure.

Assisting Ubitech (an important local leading company that offers technical and engineering services and construction works) in various high-stakes public procurement projects with high-security requirements, such as those for the Romanian Ministry of Defence.

Assisting Leviatan Design, an important local company that offers technical and engineering services, in connection with various contractual issues deriving from public procurement contracts, especially concluded with the Romanian Ministry of Defence, but also with other civil public authorities.

Assisted and represented Copraag Entrepreneur (a company providing maintenance services, building materials for sustainable projects and high-performance machinery and equipment for hire). They are currently assisting the Client in relation to its participation in the above civil procurement tenders, and specifically, in establishing a proper participation structure, clarifying tender requirements, fulfilling and preparing the qualification/eligibility documentation, as well as the agreements and commercial contracts with the other members of its participation structures.

Specialist lawyers: Iulian Popescu, Ana Maria Abrudan, Andrei Ormenean, Angela Porumb, Ana Maria Burada, Georgiana Negulescu, Iuliana Negura, Adina Enache, Carolina Mitea, Andrei Popa, Cristina Ciobanu.



White Collar Crime

Assisted EightCap EU Ltd. (formerly R Capital Solutions Ltd.), an important European stock exchange and foreign exchange company, in connection with an extremely complex case regarding charges of economic crimes.

Successfully represented Leoni Group (Leoni AG and its Romanian affiliate) in various court cases related to the investigation of a transnational informatics fraud. Their work on this matter has involved complex legal assistance and representation services before all relevant Romanian court regarding the applicability of business and commercial law.

The law firm assists a politician, former minister, in a complex and highly publicized criminal investigation regarding allegations of corruption crimes, embezzlement and forgery of documents, in front of the High Court of Cassation and Justice.

The law firm continues to assist the former manager of a major healthcare unit, in several complex criminal cases with accusations of abuse in office and corruption, allegedly committed while serving as President of the National Health Insurance House, related to the execution of the contract concluded for achieving a partnership for designing, building and operating an integrated health insurance system in Romania.

The firm has provided legal assistance and representation to Banca Transilvania, one of the most important banks in Romania, in a highly complex case. Due to the longstanding litigation between the parties the Criminal law firm’s department has worked closely with other key departments, such as the insolvency and restructuring department or the litigation department in order to obtain a favourable solution for the client.

Specialist lawyers: Gheorghe Musat, Paul Buta, Razvan Stoicescu, Alexandru Terta, Angela Porumb, Stefan Diaconescu, Alin Sinocicu, Ana Maria Burada, Georgiana Negulescu, Iuliana Negura, Cristina Ciobanu.



Employment

Assisting US-based company Transocean, world’s largest offshore drilling contractor, with 5500 global employees and approx. $3 billion of annual revenue. They advised in connection to the Neptun Deep project, the largest natural gas project in the Romanian Black Sea and valued at an approx. €4 billion investment, signed with OMV Petrom for Transocean Barents semi-submersible drilling rig.

Advised Geely Holding Group and Geely Automobile Holdings Limited on the Romanian legal aspects of a binding 50/50 joint venture agreement with Renault Group to launch a new powertrain technology company that aims to become the global leader in developing, manufacturing, and supplying best-in-class hybrid powertrains and highly efficient ICE powertrain.

The law firm was assisting Sika AG in connection with several employment matters regarding the EBA/EBC separation of MBCC Group (following the €5.2 billion acquisition of MBCC Group from Lone Star Funds, a global private equity firm; on which they also advised on all Romanian legal aspects of the acquisition), one of the leading suppliers of construction chemicals and solutions worldwide, with special focus on the automatic transfer of employees and other employment issues which may impact the transaction. In addition, they have advised Sika on various employment documents and policies, such as the employee’s handbook, compensations.

Assisted Purolite - an Ecolab company (global leader in water, hygiene and infection prevention solutions and services), a chemical manufacturing company, on various postclosing matters (i.e., the acquisition of Purolite by Ecolab, on which their mandate covered extensive due diligence on all matters of Romanian law regarding the deal, including employment, regulatory and compliance, data privacy, and tax related matters).

The law firm continues to provide Open Text (former Microfocus), one of the largest software companies in the world with 4400 employees and $5 billion in annual revenue, and its local entity with customized advice on a wide range of employment matters, such as the implementation of teleworking policies, withdrawal of employment offer, together with day-to-day employment advice.

Specialist lawyers: Mihai Popa, Oana Lupu, Dragos Lungu, Evelina Mieisor-Grecu, Simona Anton.



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