NESTOR NESTOR DICULESCU KINGSTON PETERSEN
Tel: +40 21 201 12 00; +40 31 225 33 00
Fax: +40 21 201 12 10; +40 31 225 33 10
E-mail: [email protected]
Most senior representative: Ion I. Nestor and Manuela M. Nestor
No. of local partners: 31
No. of lawyers: 127
Offices in Romania: Bucharest, Timisoara, Cluj-Napoca, Brasov, Craiova
Partners and heads of practice
A founding partner of NNDKP and its Co-Managing Partner, Ion I. Nestor has coordinated some of the most noteworthy cross-border transactions in Romania, as well as sophisticated legislative projects. Mr. Nestor continues to be recognized as a leading Romanian lawyer, which continues to bring invaluable experience to the firm’s activity, promoting a standard of professionalism that fits its discerning client base.
A founding partner of NNDKP and its Co-Managing Partner Manuela M. Nestor heads the Banking, Finance and Capital Markets department of NNDKP. Mrs. Nestor has been advising extensively, in an impressive 40 years career, private and public domestic and international organizations, playing a major role in some of the most significant commercial transactions in Romania, including privatizations, mergers and acquisitions, financing, restructuring and divestitures.
With an unparalleled litigation expertise and an impressive career with over 50,000 representations before national and international courts and arbitration panels, Ana Diculescu-Sova is the Head of the firm's Dispute Resolution practice. She successfully represented local and major multinational companies in a wide array of complex cases in areas including civil, commercial, competition and fiscal law.
With a reputation of an elite business lawyer, Adriana I. Gaspar co-heads the Corporate/M&A practice, specializing in structuring and pursuing cross-border and domestic investments, complex debt and private equity arrangements. She has the breadth and depth of knowledge to provide advice in M&A transactions, corporate restructuring and large infrastructure projects.
Co-head of the Corporate/M&A practice, Adina Chilim-Dumitriu has vast experience in corporate restructuring, mergers, de-mergers, cross-border transactions in several industries, including highly regulated ones (IT/telecom/media, defense etc). A leading lawyer in the public procurement field, she also advises large multinationals in complex public tender procedures. Her expertise also includes the natural gas field.
Head of the Banking & Finance practice, Alina Radu has developed her expertise in a wide range of projects, including complex banking and finance projects, restructuring, real estate financing and banking M&A. She is highly experienced in assisting major financial institutions, sponsors and borrowers in domestic and cross-border financing transactions. Her expertise also covers restructuring of loans, sales and acquisitions of loan portfolios and regulatory aspects in the financial sector.
Co-head of the Corporate/M&A and Energy and Natural Resources practice, Gabriela Cacerea is acknowledged as a top lawyer in the corporate/M&A and energy fields. Her expertise includes domestic and cross-border transactions, privatizations, corporate restructuring, private equity transactions, energy (particularly electricity, natural gas and renewable energy), and capital markets. She is also a well-seasoned lawyer in the insurance sector.
Recognized as a top expert in the corporate area as well as the energy field, co-head of the Corporate/M&A and Energy and Natural Resources practice, Ruxandra M. Bologa developed particular expertise in the oil and gas field, natural gas exploration, production, storage and trading and renewable energy sources. She is highly specialized in domestic and cross-border M&A, privatizations, private equity, corporate reorganization, business transfers and outsourcing.
Emil Bivolaru specializes in the area of complex fiscal conflicts, bankruptcy and restructuring cases, banking and finance litigation, real estate litigation and property restitution cases. With a highly dynamic litigation activity, his practice has expanded during recent years as he acquired significant experience in white-collar crime cases, as well as in matters related to fiscal inspections and tax evasion issues.
Head of the firm's Real Estate practice, Ioana Niculeasa assists investment funds, corporate investors and financial institutions in relation to projects that have shaped the Romanian real estate market along the years. She has outstanding experience in all types of real estate projects, from office buildings and shopping centers, residential, logistic and industrial related projects to handling concession agreements, complex lease agreements and construction contracts.
Sorina Olaru represents clients before the Romanian courts of all levels and specializations (civil, commercial, labor, or administrative), including the High Court of Cassation and Justice and the Constitutional Court of Romania. Sorina often sits as an arbitrator in domestic arbitration proceedings (CCIR rules and ICC arbitration). She is a member of the Board of Directors of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania and a member of the ICC Romania National Committee.
Radu Damaschin's expertise covers the area of commercial law – contractual liability, public procurement and enforcement proceedings related to the banking law, administrative law – authorities' abuse of power, tax law and activities related to bankruptcy. He has coordinated over 1,000 cases involving consumers' rights with respect to bank loan agreements.
Head of the firm's Competition, State Aid and EU Law practice since 2008, Georgeta Dinu advises clients on Romanian and EU competition matters. Her expertise covers competition investigations and related court challenges, representation before EU courts, merger clearance, advice on the competition aspects of the companies' day-to-day business conduct, competition compliance and state aid issues.
Head of the Data Protection and Environment practices, Roxana Ionescu has been developing NNDKP's two stand-alone practices for more than a decade. She advises clients on privacy matters in connection with clients' sales, marketing and human resources activities, data sharing and cloud computing, as well as on environmental issues related to M&A, environmental liability, regulatory and compliance, waste management and permitting matters.
Peggy Suica-Neagu has acquired vast expertise in disputes such as contractual liability, real estate, issues governing the civil part of criminal cases, bankruptcy proceedings, competition and employment law, public procurement and fiscal matters. She also specializes in internal and international arbitrations and represents clients before the European Court of Human Rights.
Valentin Voinescu's expertise includes advising financial institutions and corporations on a wide range of issues, including finance transactions, debt restructuring, and regulatory matters. He is an experienced trainer, offering regular lectures and seminars to banks and companies active on the domestic market. Board Member of Turnaround Management Association (TMA). Holds an MBA from Vienna University.
Marius has more than 15 years of professional experience with focus on complex insolvency proceedings, creditor rights and asset recovery as well as complex tax disputes. In addition, Marius assists clients in disputes related to corporate reorganization, labor litigation, loan facilities for real estate development projects or enforcement of lease agreements, as well as arising in connection with contractual relations governed by FIDIC rules.
Daniela has more than 18 years of professional experience in the legal area, assisting clients from various industries both before the Romanian courts, as well as before the international courts of arbitration. Daniela has developed substantial experience in administrative and fiscal litigation, arbitration proceedings, disputes related to construction agreements, civil and commercial litigation, public procurement disputes and labor litigation.
Valeriu has over 15 years of professional experience in dispute resolution and arbitration matters, representing an important number of clients in complex commercial disputes such as those arising in connection with the administrative contractual relations governed by FIDIC rules, as well as in public procurement related litigation.
Oana has over 20 years of experience in representing clients in civil and commercial litigation, international trade law disputes, enforcement proceedings, consumer protection and administrative litigation and insolvency proceedings. In addition to representing clients in court proceedings, Oana is a mediator, trained to participate in mediation and the settlement of disputes before they are addressed to the courts.
Having a professional experience of over 15 years, he assists clients active in the real estate sector on a wide range of legal matters, including real estate acquisition, transaction structuring, due diligence, joint ventures and exit strategies. His expertise includes urban planning, construction agreements and permitting matters for complex mixed-use projects, industrial, mining and energy industries as well as in-depth knowledge of office, retail, logistic and hospitality businesses.
Corina has more than 17 years of professional experience in the legal area and her expertise covering areas such as mergers and acquisitions, corporate law and commercial transactions as well as banking and finance and capital markets. She has assisted a large number of investors, national and multinational companies, banks and institutions in large complex transactions carried out in Romania.
With a professional experience of over 15 years in the legal area, her expertise covering all the specific matters related to real estate industry. She has successfully negotiated and closed complex projects and business structures, provided assistance in transaction arrangements, development issues or constructions and urbanism and applied integrated exit solutions. Lavinia is also specialized in FIDIC contracts.
Razvan has over 16 years of experience in providing legal assistance and his area of expertise include corporate law, mergers and acquisitions as well as specific regulatory and performance aspects related to FIDIC contracts in major infrastructure projects. Răzvan has also assisted clients in complex projects in the automotive and heavy industry.
With a +22-year career in the field, Alina Timofti co-heads the Tax Advisory practice. Her areas of expertise include international tax structuring for major companies in Romania, tax due diligence, tax reviews, design of tax function and structuring advice with regard to major oil & gas investments in Romania. A Certified Tax Advisor, Alina is a member of the working groups advising the Ministry of Finance on the amendment of the Fiscal Code.
Co-head of the Tax Advisory Services practice, Marius is a widely recognized tax professional, with over 22 years of experience in local and international tax consultancy firms. His areas of expertise include investment tax structuring, tax planning, transaction advice, tax review and due diligence projects for large local and multinational companies. Marius is a Certified Tax Advisor and a member of the working groups advising the Ministry of Finance on the amendment of the Fiscal Code.
Co-head of NNDKP Cluj-Napoca office, Ciprian is a Romanian law qualified lawyer with over 15 years of professional experience. He specializes in the corporate/M&A, tax and banking law fields, assisting national and international investors and companies active in the oil, financial-banking, commerce, IT, data protection real estate and capital market sectors. He is a lawyer recommended by the Chamber of Commerce and Industry of Austria, and by the German Embassy in Romania.
Head of NNDKP Timisoara office, Eva has over 17 years of professional experience in the legal field. She focuses her practice on corporate and commercial law, contracts, real estate, as well as dispute resolution, with particular focus on contracts, regulatory, tax, property and labor matters.
She also specializes in highly regulated fields, such as zootechnics and natural resources, and assists clients with respect to a wide range of contracts and various administrative proceedings.
List of the most representative projects
Assistance provided to a leading super app in Southeast Asia with all Romanian law aspects relevant for its strategic partnership with a leading provider of connected-car and location-based services.
Assistance provided to an international property development and investment platform, engaged in designing, construction and lease/sale of commercial and residential properties, in the sale of its local SPV in Romania through which it developed an office building.
Assistance provided to a global leader in the development, manufacturing and marketing of high quality technical products in the acquisition of a regional distributor of the products of a German company in Baia Mare, Maramures county.
Assistance provided to Top 5 bank active in Romania in the co-equity investment with two other banks in a domestic company specialized in transport, processing and storage of cash and other valuables.
Assistance provided to a global chemical company in the acquisition of a significant shareholding in a market leader in the production of cross-linkable and thermoplastic compounds.
Specialist lawyers: Gabriela Cacerea, Ruxandra Bologa, Adina Chilim-Dumitriu, Adriana Gaspar, Corina Dumitru, Razvan Vlad.
Assistance provided to a club of banks in the financing of one of Romania’s largest online retailers in a complex multi-borrower developing financing structure in relation to the financing of a logistic operational park.
Assistance provided to a syndicate of leading banks in a €29 million financing of a group of companies active in the FMCG industry.
Assistance provided to a Top 3 bank active in Romania in the financing of an office project.
Assistance provided to a leading Romanian producer of organic agricultural products in the private placement ahead of the company’s listing on the Bucharest Stock Exchange.
Assistance provided to an international financing institution in relation to extending financing for water and sewage services.
Specialist lawyers: Alina Radu, Valentin Voinescu, Manuela Nestor.
Energy and Natural Resources
Assistance provided to the largest Hungarian company responsible for the production, distribution and sale of electricity in the acquisition of a micro-hydro power.
Assistance provided to one of the world’s largest publicly traded international oil and gas companies in complying with all the regulatory requirements in view of obtaining various permits and a new zoning documentation required for the offshore project.
Assistance provided to a multinational European energy company in the assessment of the secondary legislation issued by the national regulatory authority in energy from perspective of compliance with national and EU regulatory principles and filling administrative complaints and respectively court against the relevant regulations issued by the regulatory authority.
Assistance provided to one of the largest oil and natural gas producer in Romania and South-Eastern Europe in relation to the interpretation and impact of the newly regulated market obligations introduced initially by the Government Emergency Ordinance 114/2018 and further amended by GEO 19/2019 and GEO 1/2020 and detailed by the secondary legislation.
Assistance provided to one of the largest Romanian electricity suppliers in the implementation of a platform for concluding remote contracts for the supply of electricity and natural gas to end clients, including households.
Specialist lawyers: Gabriela Cacerea, Ruxandra Bologa, Adina Chilim-Dumitriu.
Representation before the Competition Council of the Romanian subsidiary of one of the world’s leading healthcare companies in two abuse of dominance investigations on the market of oncological products in Romania.
Representation of a leading manufacturer and supplier of highly accurate, high quality, integrated metering and utilization solutions to the gas, electricity and water industries with the court challenge of a competition fine in the electricity meters investigation.
Assistance provided in relation to the competition aspects of a transaction whereby a large Romanian bank acquired a shareholding stake in a supplier of integrated cash services, holding joint control together with two other banks.
Assistance provided to a holding company, producer of bakery, chocolate, and confectionery in a merger clearance regarding a company active in milling market.
Specialist lawyer: Georgeta Dinu.
Assistance provided to a Top 3 bank active in Romania in the due diligence process for relocation and negotiation of a lease of over 14,000 sqm in an office building. This is one of the largest leases of the year.
Assistance provided to one of the largest developers, investor and long-term holder of logistics real estate portfolios in CEE in relation to a complex title due diligence process performed with respect to a logistic park, a class A project with a land area of 110,000 sqm and three fully occupied logistics buildings.
Assistance provided to an Italian small appliances manufacturer in the due diligence analysis in respect to approx. 190,000 sqm of land and two production facilities of approx. 25,000 sqm (together with the relevant equipment), drafting and negotiating sale purchase agreements, negotiating a title insurance policy.
Assistance provided to an international property development and investment platform, engaged in designing, construction and lease/sale of commercial and residential properties, in the leasing and subsequent sale of an office building.
Specialist lawyers: Ioana Niculeasa, Vlad Tanase, Lavinia Ionita Rasmussen.
Litigation and Dispute Resolution
Assistance and representation provided to a joint venture in all administrative and judicial proceedings concerning the awarding of a contract for the rehabilitation of a railway.
Representation of an Austrian construction group before the Romanian Court of Arbitration in two pending case against CNAIR.
Assistance provided to a major fund active in the Northern part of Romania in agribusiness, in a dispute with the Local Council and Road Authority concerning the road access to farms.
Assistance provided to a major gas supplier in a fiscal contestation.
Assistance provided to an airline company in a challenge of a Competition Council Decision.
Specialist lawyers: Ana Diculescu-Sova, Emil Bivolaru, Sorina Olaru, Radu Damaschin, Peggy Suica-Neagu, Daniela Gramaticescu, Marius Ezer, Oana Partenie, Valeriu Mina.
Assistance provided to a large bank active in Romania in a complex tax challenge, entailing complex profits tax and transfer pricing matters.
Assistance provided to a real estate developer in a complex tax restructuring process.
Assistance provided to a Spanish construction company in a complex tax litigation process.
Specialist lawyers: Alina Timofti, Marius Ionescu, Lucian Barbu, Silviu Badescu.
PPP Public Procurement
Assistance and representation of a multinational conglomerate company in relation to the acquisition of electric train for the entire rail works network.
Assistance provided to a client active in the healthcare industry in the tender procedure for the awarding of the PPP contract for design and build of Multifunctional Clinic.
Assistance provided to a client active in the shipbuilding industry in the public procurement contract for the supply of two maritime tugs.
Assistance provided to the Romanian subsidiary of one of the world’s leading healthcare companies in the tender procedure organized at the national level for acquisition of oncologic medicines.
Assistance provided to an Italian construction and civil engineering company in relation to the implementation of a railway rehabilitation contract.
Specialist lawyers: Adriana Gaspar, Adina Chilim-Dumitriu.