TUCA ZBARCEA & ASOCIATII

Address: 4-8 Nicolae Titulescu Ave., America House, West Wing, 8th Floor, 1 st District, Bucharest, RO-011141, Romania
Tel: +40 21 204 88 90
Fax: +40 21 204 88 99
E-mail: [email protected]
Web: www.tuca.ro
Most senior representative: Florentin Tuca, Managing Partner; Gabriel Zbarcea, Managing Partner
No. of local partners: 30
No. of lawyers: 120
Offices in Romania: Bucharest, Cluj-Napoca
Representative clients include: Carrefour, OMV Petrom, BRD Groupe Societe Generale, European Investment Bank, International Finance Corporation (IFC), Vodafone, 3M, ArcelorMittal, Continental Automotive, Tenaris.

Partners and heads of practice

Dr. Florentin Tuca, Managing Partner

Practice Areas: PPP, PFI and Concessions; Litigation and Arbitration; Corporate and Commercial; Mergers, Acquisitions and Privatisation, Banking and Finance

University of Bucharest (LL.B., 1993); assistant professor to the Law School of Bucharest University (1996-99); PhD (magna cum laude) in private-public partnership in Romania (2007); Certified Expert in Public Procurement from the Romanian authority ANC (formerly CNFPA – the National Council for Adult Vocational Training). Winner of the European Managing Partner of the Year Award (2012) by The Lawyer magazine.

Gabriel Zbarcea, Managing Partner

Practice Areas: Mergers, Acquisitions and Privatisation; Energy and Natural Resources; Real Estate; Corporate and Commercial

University of Bucharest (LL.B., 1995) Associate Professor to the Political and Administrative Sciences, University of Bucharest, Law Department (from 1996 to 1998), President of the Students’ League, University of Bucharest (from 1993 to 1995), Secretary General of the European Law Student Association (ELSA) (from 1992 to 1993).

Stefan Damian, Deputy Managing Partner

Practice Areas: Mergers, Acquisitions and Privatisation; Capital Markets and Securities; Banking and Finance; Competition

Romanian-American University (LL.B., 1998).

Cornel Popa, Partner

Practice Areas: Mergers, Acquisitions and Privatisation; Litigation and Arbitration; Corporate and Commercial; Energy and Natural Resources

University of Bucharest (LL.B., 1995). Court of International Commercial Arbitration (attached to the Chamber of Commerce and Industry in Romania); ICC Institute of World Business Law.

Sorin Vladescu, Partner

Practice Areas: Energy and Natural Resources; Mergers and Acquisitions

University of Bucharest (LL.B., 1998). Winner of the Energy practice Award during Top Lawyers’ Gala (Finmedia, 2021)

Razvan Gheorghiu-Testa, Partner

Practice Areas: Real Estate; Corporate and Commercial; Mergers, Acquisitions and Privatisation; Taxation

Titu Maiorescu University (LL.B., 1996). Fellow RICS (Royal Institution of Chartered Surveyors) – FRICS (2013). Winner of the Real Estate practice Award during Top Lawyers’ Gala (Finmedia, 2021). Listed amongst "The 50 Most Influential People on Romania's Real Estate Market" in 2020/2021 and 2023/2024 by Property Forum.

Ciprian Dragomir, Partner

Practice Areas: Mergers, Acquisitions and Privatisation; Environmental Law and Permitting; Intellectual Property; Healthcare and Pharmaceutical Law; Data Protection

University of Bucharest (LL.B., 1998); Romanian State Office for Patents and Trademarks (Intellectual Property Counselor Degree for Trademarks and Geographical Indications); National Union of Insolvency Practitioners of Romania (Insolvency Practitioner).

Robert Rosu, Partner

Practice Areas: Litigation and Arbitration, Restructuring and Insolvency, White Collar Crime

University of Bucharest (LL.B., 1999); National Union of Insolvency Practitioners of Romania (Insolvency Practitioner).

Ioana Hrisafi, Partner

Practice Areas: Litigation and Arbitration

University of Bucharest (LL.B., 1995). Judge, vice-president and president of the 5th District Court in Bucharest (from 1995 to 2002). Winner of the Litigation practice Award during Top Lawyers’ Gala (Finmedia, 2021).

Levana Zigmund, Partner

Practice Areas: Litigation and Arbitration; Corporate and Commercial; Mergers, Acquisitions and Privatisation

University of Bucharest (LL.B., 1998).

Raluca Vasilache, Partner

Practice Areas: Competition, Intellectual Property


University of Bucharest (LL.B., 1999).

 

Dan Borbely, Partner

Practice Areas: Real Estate; Mergers, Acquisitions and Privatisation; Corporate and Commercial

University of Bucharest (LL.B., 1998).

Serban Paslaru, Partner

Practice Areas: PPP, PFI and Concessions; Employment

University of Bucharest (LL.B., 2001). European Employment Lawyers` Association (EELA); HR Club Romania.

Ionut Serban, Partner

Practice Area: Litigation and Arbitration

University of Bucharest (LL.B., 2002).

Christina Vladescu, Partner

Practice Area: Litigation and Arbitration

University of Bucharest (LL.B., 1993), National Institute of Magistracy (1994). Lecturer at the Law Faculty of the Romanian – American University (from 2001 to 2003), Judge of Bucharest Court of Justice – 3rd Civil Section (from 1997 to 1999), Judge of 2nd District Court in Bucharest (from 1994 to 1997), Prosecutor of 1st Prosecutor’s Office in Bucharest (from 1993 to 1994).

Silvana Ivan, Partner

Practice Areas: Capital Markets and Securities; Corporate and Commercial; Mergers, Acquisitions and Privatisation; Insurance

University of Bucharest (LL.B., 2000), Central European University, Budapest (L.L.M. in International Business Law, 2003)

Catalin Baiculescu, Partner

Practice Areas: Corporate and Commercial; Mergers, Acquisitions and Privatisation; Banking and Finance; Electronic Communications and IT; Media and Advertising

University of Bucharest (Law, 1997). Honorary Fellow of the Center for International Legal Studies, Salzburg,
Austria. Winner of the TMT practice Award during The Times / Legal Innovation Awards 2021.

Vlad Cercel, Partner

Practice Areas: PPP, PFI and Concessions; Electronic Communications and IT; Corporate and Commercial

University of Bucharest (LL.B., 2001); King’s College London (Postgraduate College Diploma in European Community Law, 2004); Certified Expert in Public Procurement, accredited by the Romanian authority, the ANC (formerly the CNFPA, the National Council for Adult Vocational Training), 2012. Head Legal Counsel, National Regulatory Authority for Communications (from 2002 to 2006), Head of Regulatory Section, Inspectorate General for Communications and Information Technology (from 2002 to 2002), Assistant-magistrate, the Constitutional Court of Romania (from 2001 to 2002). Winner of the TMT practice Award during Top Lawyers’ Gala (Finmedia, 2018).

Dragos Apostol, Partner

Practice Areas: Mergers, Acquisitions and Privatisation; Corporate and Commercial; Real Estate

University of Bucharest (LL.B., 1998); Certified Expert in Public Procurement, accredited by the Romanian authority, the ANC (formerly the CNFPA, the National Council for Adult Vocational Training).

Alexandru Cristea, Tax Partner

Practice Area: Tax

Association of Chartered Certified Accountants (ACCA) – United Kingdom (pending); Certified Tax Consultant (2007) – Romanian Chamber of Fiscal Consultants; MBA degree in Finance (2004) – School of Business of Ottawa University/Bucharest School of Management; Master degree in Finance (2001) – Academy of Economic Studies, Bucharest, Romania; Diploma of broker on spot, forward and futures markets (2000) – Romania Commodities Exchange; Bachelor’s Degree in International Business (2001) – Academy of Economic Studies, Bucharest, Romania. Winner of the Tax Award during The Times/Legal Innovation Awards 2021 and 2019. Winner of the Tax Award during Top Lawyers’ Gala (Finmedia, 2018), in recognition of his specialist expertise, innovative approach and business success.

Ramona Chitu (Moisa), Tax Partner

Practice Area: Tax

Certified tax advisor - The Romanian Chamber of Tax advisors (2009). Chartered accountant - National Association of Chartered Certified Accountants (2006). Master’s degree in finance and International Management of Business Administration, Orleans University – France (2003-2004). Accounting and Business Administration Informatics/Financial Audit and International Management of Business Administration, The Academy for Economic Studies in Bucharest (2003).

Gabriela Anton, Partner

Practice Areas: Banking and Finance; Mergers, Acquisitions and Privatisation; Corporate and Commercial

University of Bucharest (LLB, 2000)

Alexandra Peres, Partner

Practice Areas: Real Estate and Construction; Mergers, Acquisitions and Privatisation; Corporate and Commercial

University of Bucharest (LLB, 2005).

Alina Ungureanu, Partner

Practice Areas: Litigation and Arbitration

University of Bucharest (LLB, 2002). Member of the National Union of Insolvency Practitioners in Romania (2008). Author of the book – “The challenge to the enforcement proceedings” (Universul Juridic, 2012-2013). PhD in civil procedure law (University of Bucharest – Faculty of Law, 2011).

Anca Puscasu, Partner

Practice Areas: Litigation and Arbitration; Mergers, Acquisitions and Privatisation; Corporate and Commercial

University of Bucharest (LLB, 1999)

Andreea Oprisan, Partner

Practice Areas: Competition and Antitrust

University of Bucharest (LLB, 2005). King’s College London - Postgraduate Diploma in Economics for Competition Law, graduated with merits (2012-2013). King’s College London Postgraduate Diploma in EU Competition Law, graduated with merits (2011-2012).

Horia Ispas, Partner

Practice Areas: Mergers, Acquisitions and Privatisation; Corporate and Commercial

University of Bucharest (LLB, 2003)

Mihai Anghel, Partner

Practice Areas: Employment

University of Bucharest (LLB, 2004). Member of the European Employment Lawyers Association (EELA)

Oana Gavril, Partner

Practice Areas: Litigation and Arbitration

University of Bucharest (LLB, 2006). Former legal advisor in the Ministry of Public Finance

Catalina Mihailescu, Partner

Practice Areas: Litigation and Arbitration, Restructuring and Insolvency

University of Bucharest (LLB, 2001). Co-author of the book – “Bankruptcy and Liquidation” (Universul Juridic, 2015). Winner of the Insolvency Law practice special Diploma (Juridice, 2016).

Dan Cristea, Partner

Practice Area: Litigation and Arbitration

Babes-Bolyai University, Cluj-Napoca (LLB, 2007). World Champion in debating (ESL, Dublin, 2009) and a Forbes Romania ’30 under 30′.

Ciprian Timofte, Partner

Practice Areas: Mergers, Acquisitions and Privatisation; Corporate and Commercial; Data Protection

University of Bucharest (LLB, 2006). Member of Privacy Rules. Assistant at the Faculty of Law, University of Bucharest. Winner of Euromoney Europe Rising Stars Award for Romania 2019. Winner of the Data Protection practice Award during Top Lawyers’ Gala (Finmedia, 2018).

List of the most representative projects

Corporate and M&A

Legal assistance services to Broadcom Inc. in relation to the indirect acquisition by Broadcom Inc. of the 100% shares of VMware International Marketing Limited – Bucharest Branch further to a $61 billion transaction. The firm advised Broadcom Inc. on the Romanian legal issues relating to the global acquisition which involved the takeover of VMware International Marketing Limited – Bucharest Branch. Their services included performing an extensive due diligence on the target and drafting the transaction documents, as well as assistance on all subsequent employment, corporate etc issues impacting on the deal.

Legal assistance services on all Romanian law issues regarding the sale by Emerson Electric Co. of its Climate Technologies Business to the US global asset manager Blackstone Inc. further to a $14 billion transaction. The firm advised on the Romanian law aspects incident to the sale, considering that Emerson has a strong presence in Romania. Their services included assistance with respect to the transaction structure and drafting the transaction documents, as well as assistance in relation to the transfer of employees.

Legal assistance services in relation to the indirect acquisition by Emerson of the 100% shares of National Instruments Romania and Digilent RO further to a €7.6 billion transaction. The firm advised in relation to the acquisition, performing due diligence on the target (corporate, employment, real estate) and drafting the transaction documents, since both Emerson and National Instruments are present in Romania.

Advising Carrefour Romania, Carrefour France and Carrefour Netherlands in connection with the acquisition of Romania Hypermarche, the local division of Louis Delhaize Group that operates CORA hypermarket chain. Their services included assistance during the legal due diligence process regarding the assets located in Romania, as well as advice in connection with the negotiation and signing of the transaction documents and assistance in relation to the fulfilment of the conditions precedent. In Romania, the deal includes 10 CORA hypermarkets and 8 CORA Urban stores, as well as nearly 2,400 employees.

Advising OMV Petrom in relation to a very complex transaction with Renovatio, an infrastructure asset owner, manager and development group of companies focused on the renewable energy sector. The transaction involves (i) the acquisition of a 50% stake in the largest portfolio of wind power in Romania (operated by Electrocentrale Borzesti) from RNV Infrastructure and (ii) the acquisition of a 100% stake in Renovatio Asset Management. Also, both parties entered into (iii) a complex JV agreement for the development of photovoltaic and wind power plants in the coming years. According to OMV Petrom, through this newly formed partnership, OMV Petrom together with Renovatio plan to invest by 2027 approx. €1.3 billion, including project financing, in renewables in Romania.

Specialist lawyers: Stefan Damian, Cornel  Popa, Razvan Gheorghiu-Testa, Catalin Baiculescu, Horia Ispas, Silvana Ivan, Dragos Apostol, Ciprian Timofte, Raluca Vasilache, Andreea Oprisan, Veronica Aman, Sergiu Cretu.



Banking

 

Assisting APS Investments on the takeover of a €400 million primarily non-performing exposures portfolio from Piraeus Bank. The team advised APS Investments in relation to the takeover of a non-performing loans portfolio from Piraeus Bank, consisting of approx. 2,000 unsecured loans and loans secured with real estate collateral in Romania, covering the specific banking/finance, real estate, competition issues (related to the merger control before the Romanian Competition Council and FDI clearance) and M&A issues impacting on the deal.

Advising BCR Social Finance IFN in relation to a loan granted by Romanian American Foundation to be used for the purpose of making available certain facilities to small-sized enterprises. These products are intended to support the growth of smallsized enterprises operating in the agriculture and tourism sectors, irrespective of their organizational structure. Romanian American Foundation will make available to the client funds that the latter will use to grant loans to such enterprises, regardless of the form of organization, under certain condition. 

Advising BRD Finance IFN on the selling of a portfolio of performing and nonperforming receivables. Their advice covered all steps of the transaction, including the negotiation phase and signing assistance.

Advising a club of local and regional banks (led by OTP Bank Romania) regarding two syndicated facility agreements for Aaylex One group. The team advised a club of local and regional banks led by OTP Bank Romania as arranger, facility agent and security agent in relation to the extension and restructuring of approx. RON 120 million and approx. €63 million syndicated facility agreement for the financing of Aaylex One group, a Romanian based leading player in the food industry. Furthermore, the team also advised the same club of local and regional banks led by OTP Bank Romania in relation a €15 million syndicated facility made available for the financing of certain financial indebtedness of the Aaylex group, as well as the payment of dividends and repayment of shareholder loans.

Assisting Raiffeisen Bank International AG in connection with various corporate, regulatory and GDPR compliance matters related to the launch of a new banking product in Romania. Their services also covered VAT and transfer pricing advice.

Specialist lawyers: Stefan Damian, Gabriela Anton, Silvana Ivan, Catalin Georgescu.



Energy and Natural Resources

Ongoing procedures in file cases initiated by several companies in the energy field having as subject matter the annulment of administrative acts and/or for the recovery of the damages caused to electricity producers, as a result of the fulfilment of the obligations established and successively amended by Law No. 259/2021, Emergency Ordinance No. 27/2022, Law no. 206/2022 approving Emergency Ordinance no. 27/2022, Emergency Ordinance no. 119/2022, Law no. 357/2022 approving Emergency Ordinance no. 119/2022 concerning the tax consequences arising from the aforementioned legislative acts as regards the 80%-100% taxation of additional income and the payment of the Contribution to the Energy Transition Fund.

Advising OMV Petrom in relation to a very complex transaction with Renovatio, an infrastructure asset owner, manager and development group of companies focused on the renewable energy sector. According to OMV Petrom, through this newly formed partnership, OMV Petrom together with Renovatio plan to invest by 2027 approximately €1.3 billion, including project financing, in renewables in Romania.

Advising OMV Petrom in relation to a complex agreement for the acquisition of several projects for the construction of photovoltaic parks in Teleorman county. The team advised on the due diligence on the target companies, reviewing and negotiating all the transaction documents (SPA and Shareholders Agreement).

Legal assistance services in connection with a landmark project in the Republic of Moldova whereas the Romanian gas transmission company Transgaz, via its Moldovan subsidiary Vestmoldtransgaz (VMTG) took over the operation, maintenance, gas transmission and dispatching activities from state-owned Moldovatransgaz further to the conclusion of a 5-year lease agreement.

Legal assistance to an international company regarding the licensing procedures in the electricity and the natural gas markets. The team advised on all legal issues regarding the granting of trading licenses both for electricity and gas, including drafting the application files to be submitted before Romania’s energy regulatory authority (ANRE).

Specialist lawyers: Sorin Vladescu, Cornel Popa, Nisa Jecu.



Competition

 

Legal assistance services regarding the competition/antitrust issues further to the indirect acquisition by Colt of the 100% shares of Lumen Technologies Romania, further to a $1.8 billion transaction. The Competition/Antitrust team assisted the client in relation to obtaining the Foreign Direct Investment (FDI) clearance from the Romanian authorities.

Advising OMV Petrom on all competition/antitrust issues regarding a very complex venture with Renovatio, an infrastructure asset owner, manager and development group of companies focused on the renewable energy sector. The team assisted with all competition/antitrust issues (merger control etc) regarding each stage of cooperation as part of the JV agreement concluded by OMV Petrom with Renovatio for the development of photovoltaic and wind power plants in Romania. According to OMV Petrom, through this newly formed partnership, OMV Petrom together with Renovatio plan to invest by 2027 approx. €1.3 billion, including project financing, in renewables in Romania.

Advising Carrefour Romania, Carrefour France and Carrefour Netherlands in connection with the competition/antitrust issues regarding the acquisition of Romania Hypermarche, the local division of Louis Delhaize Group that operates CORA hypermarket chain. The team assisted in connection with the merger control process, consisting of (i) a referral request procedure before the European Commission and (ii) a merger filing before the Romanian Competition Council subsequent to the approval of the referral. The European Commission referred the merger review to the Romanian Competition Council that cleared the transaction in Phase I without the need for commitments. In Romania, the deal includes 10 CORA hypermarkets and 8 CORA Urban stores, as well as nearly 2,400 employees.

Assisting APS Investments on the competition/antitrust issues regarding the takeover of a €400 million primarily nonperforming exposures portfolio from Piraeus Bank. The team advised APS Investments in connection with the merger control before the Romanian Competition Council and FDI clearance of the takeover of a nonperforming loans portfolio from Piraeus Bank, consisting of approx. 2,000 unsecured loans and loans secured with real estate collateral in Romania.

Legal assistance to an insurance company regarding the annulment of a sanctioning decision issued by the Romanian Competition Council related to an alleged infringement of Article 5(1) of Competition Law and article 101(1) TFEU by the players on the MTPL insurance market.

Specialist lawyers: Raluca Vasilache, Andreea Oprisan.



Real Estate

Advising Carrefour Romania, Carrefour France and Carrefour Netherlands in connection with the acquisition of Romania Hypermarche, the local division of Louis Delhaize Group that operates CORA hypermarket chain. Their services included assistance during the legal due diligence process regarding the assets located in Romania, as well as advice in connection with the negotiation and signing of the transaction documents and assistance in relation to the fulfilment of the conditions precedent. In Romania, the deal includes 10 CORA hypermarkets and 8 CORA Urban stores, as well as nearly 2,400 employees.

Advising Adobe System in relation to the lease of 20,000 sqm office space in U Center Office Building, developed by Forte Partners. Their services included assistance in connection with the negotiation and signing of the master lease agreement, as well as in connection with the selection of the project management team and the general contractor and the negotiation and signing of the Project Management Agreement and the General Contractor Agreement.

Advising WDP in connection with acquisition of Expo Market Doraly, a retail scheme (wholesale center) owned by ARA Europe and Mr. Gheorghe Iaciu. The team advised WDP in connection with all stages of the transaction, including a complex legal due diligence process on the target (covering an area of approx. 110,000 sqm, 37 pavilions and over 400 tenants), the negotiation of the transaction documents and closing the transaction, including the fulfilment of all conditions precedent and the clearance of the transaction by the antitrust authority.

Advising Amethyst Group in a sale and lease back of its Romanian clinics located in Cluj (Floresti), Timis (Dumbravita) and Ilfov (Otopeni) to BT Property Alternative Investment Fund (managed by BT Asset Management SAI, a company part of the Banca Transilvania Financial Group). Their services include advice on the transaction structuring, the negotiation, signing and closing of the sale agreements regarding the real estate assets, the aggregate value of which is €12 million, as well as in relation to the long-term lease agreements.

Advising Jones Lang LaSalle Services, the Romanian subsidiary of JLL, on the Romanian law matters regarding the transfer of its Capital Markets, Valuations Advisory, Consulting and Project Management to iO Partners, as part of a multi-jurisdictional project. JLL and iO Partners have entered into a complex transaction to transfer the JLL existing Leasing, Capital Markets, Valuations Advisory, Consulting and Project Management delivery businesses to iO Partners in Romania, Czech Republic, Hungary and Slovakia.

Specialist lawyers: Razvan Gheorghiu-Testa, Dan Borbely, Dragos Apostol, Alexandra Peres, Oana Ureche, Raluca Misu, Veronica Aman, Ioana Marculet, Amalia Dumitru.



Litigation and Dispute Resolution

 

Representing Webuild S.p.A. (the former Astaldi S.p.A.) in various disputes arising mainly from the execution of works further to public procurement procedures worth €500 million.

Legal assistance and representation for Santierul Naval 2 Mai (Naval Shipyard 2 Mai Mangalia), a JV between the Romanian Government (owning 51% of the shares) and Damen Holding BV, specialized in ship building and ship repairing activities.

Assisting and representing the client, along with the Romanian State, and the Romanian Ministry of Economy, Entrepreneurship and Tourism (as respondents) in arbitration proceedings under the Rules of the International Chamber of Commerce, arising out of the JV agreement between the Romanian Government and Damen Holding BV. Also, the team is acting in the insolvency file opened by the parent company Damen Holding BV regarding outstanding debts.

Legal assistance and representation for a company specialising in waste management in several public procurement litigations related to procurement procedures for lots of contracts for delegation of the sanitation service management, carried out by several intercommunity Development associations etc.

Legal assistance and representation to a local bank in various disputes with its retail clients, as well as in disputes regarding the bankruptcy file against a Romanian insurance-reinsurance company and in a series of contentious-administrative disputes with a national authority.

Assisting and representing the Romanian Commodities Exchange in European case challenging a State monopoly on the national licensing for trade platforms regarding energy as opposing the EU Treaties. The ruling in this casefile is groundbreaking. Assisting and representing a private railway company in over 70 commercial disputes having as object the claims submitted by the Romanian administrator of the railway infrastructure arising from the railway infrastructure access contracts concluded with the client.

Specialist lawyers: Robert Rosu, Ioana Hrisafi, Cornel Popa, Anca Puscasu, Ionut Serban, Christina Vladescu, Dan Cristea, Catalina Mihailescu, Oana Gavril, Alina Ungureanu, Ana Popa, Cornelia Tabirta, Gabriel Vasii, Ioana Radu, Irina  Raileanu, Mihai Moisescu, Oana Mares, Valentin Moga.



Tax

Tax and legal assistance on a variety of windfall tax matters with which Evryo Group (formerly known as CEZ) is confronted in its ongoing operations on the Romanian energy market, including representation in front of the tax authorities and in Court.

Providing tax consultancy services to Alstom Romania in relation to the client’s obligations of complying with the newly introduced Standard Audit File for Tax (i.e. SAF-T) reporting, as well as providing ongoing tax consultancy services derived from the client’s business.

Legal assistance and tax advisory services to Amromco regarding a VAT assessment imposed by the Romanian tax authorities in relation to complex agreements specific to the energy & resources industry.

Providing tax assistance to Amethyst group on various matters further to the reorganisation of the group entities Also, they assisted the client in many VAT related matters which are important for Amethyst entities as they provide medical services which are VAT exempted without deduction right.

Tax and legal support to Continental Automotive Group throughout the implementation of a complex restructuring process, which involved two Romanian companies from the group.

Specialist lawyers: Razvan Gheorghiu-Testa, Alexandru Cristea, Ramona Chitu (Moisa), Cristian Velcu, Narcisa Ichim, Vlad Tanase, Alexandra Barbaiani.



PPP Public Procurement

Assisting the European Investment Bank (as member of a broader consultancy team) in relation to a technical assistance project to the benefit of the Romanian authorities consisting in the development and implementation of 3 regional emergency hospitals in Romania (with a total value of approx. €2.06 billion) which entails the establishment of a project management entity in the form of a public agency with roles and responsibilities in relation to the development of health infrastructure (i.e., the National Agency for Development of Health Infrastructure - ANDIS), as well as legal assistance in relation to the preparation and carrying out of the public procurement procedures and performance of contracts regarding the supervision of the works and the construction of the Iasi, Cluj and Craiova regional hospitals.

Legal assistance to the International Finance Corporation (IFC) in connection with the Constanta Port Pre-feasibility Study for the development of two additional piers in the perimeter of the Port of Constanta, through concession or public-private partnership mechanisms, with an estimated value of €1.3 billion.

Legal assistance to the International Finance Corporation (IFC) with respect to the Romanian legislation on public-private partnerships and for drafting necessary amendments and additions to the following legal acts: (i) G.E.O. no. 39/2018 on public-private partnership; (ii) G.D. no. 907/2016 on the stages of elaboration and the framework content of the technical-economic documents related to investment objectives/programmes financed from public funds. In November 2023, the Government Decision No. 1116 was published in the Official Gazette of Romania.

Legal assistance services provided to international companies in the defense industry in the context of the Romanian Government/Ministry of National Defense's program for modernization and endowment with military equipment for the Romanian Air and Land Forces, including 8x8 Piranha 5 armored vehicles, tactical UAS systems etc. Their role is to advise the companies participating in the public procurement procedures initiated by the authorities, assistance in all stages of the contract/framework agreement award procedure and during the negotiations, as well as during the execution of the contract. The team has successfully been involved in procurement procedures for military equipment worth over €3 billion.

Legal assistance services to CCN Altyapi Yatirimlari ve Insaat AS as leader of the consortium also comprising CCN Hastane Hizmetleri, regarding a €300 million contract for the design services (preparation of PT, DE, DTAC, DTOE, documentation for obtaining approvals) including technical assistance during the execution of works and execution of works for the new headquarters for the Emergency Hospital "Prof. Dr. Dimitrie Gerota".

Specialist lawyers: Serban Paslaru, Vlad Cercel, Iuliana Leon.



White Collar Crime

Legal assistance to an energy company regarding the implementation of the Anti-Money Laundering (AML) legislation. Legal assistance provided for drafting the internal regulations, policies, documents and training materials for the implementation of the new Anti-Money Laundering legislation enacted in Romania.

Legal assistance and representation to a pharmaceutical company in a complex criminal case. Legal assistance and representation services provided before the Prosecutor’s Office as regards a criminal file regarding contraband and counterfeiting, in which the client acts as a civil party.

Legal assistance and representation to an IT&C company in a complex criminal case in which criminal investigations are carried out against several companies for alleged tax evasion offenses, the total amounts requested as damages being estimated to tens of millions of euros. The case is extremely complex and concerns aspects of both criminal and tax law, including defences related to the direct applicability of the rules of Union law on VAT and the case law of the Court of Justice of the European Union.

Legal assistance services and representation to a company active in the steel industry in a criminal case regarding the perpetration of the offenses of misrepresentation.

Legal assistance to a software company regarding a criminal complaint against various individuals/legal entities responsible for perpetrating the offence on copyright and ancillary rights, consisting in the repeated breach of copyrights covering a well-known proprietary software.

Specialist lawyers: Robert Rosu, Manuela Gornoviceanu.



Employment

 

Assistance to a telecom company in relation to a broad range of labour/employment matters. Legal assistance in connection with a complex business transfer in the telecommunications network maintenance services market. The team also provided legal assistance and representation during the labour disputes initiated by a group of more than 100 employees who opposed the business transfer.

Day-to-day legal assistance to Carrefour Romania in relation to various labour and employment matters regarding its operations on the local retail market, including assistance further to the acquisition of “Cora” retail chain, comprising 10 CORA hypermarkets and 8 CORA Urban stores, as well as nearly 2,400 employees.

Assistance to 3M, in various labour and employment matters pertaining to its activities in Romania. Legal assistance in connection with the implementation of a collective dismissal process caused by the 3M Group decision to limit its physical presence in some East European markets, including Romania.

Legal assistance services on all Romanian law issues regarding the sale by Emerson Electric Co. of its Climate Technologies Business to the US global asset manager Blackstone Inc., further to a $14 billion transaction. The firm advised on the Romanian law aspects incident to the sale, including from a labour/employment law perspective.

Assistance to an international corporation active in the technology services field in relation to a wide range of labour and employment matters, including assistance on various day-to-day employment related issues, such as management of the
sensitive relationship with the employees’ representatives, implementation of telework regime, negotiation of a new collective bargaining agreement etc.

Specialist lawyers: Serban Paslaru, Mihai Anghel.



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