ACT BOTEZATU ESTRADE PARTNERS
Tel: +40 21 260 78 55
Fax: +40 21 795 76 24
Web: www.actlegal-botezatuestrade.com; www.actlegal.com
Most senior representative: Stefan Botezatu, Managing Partner
No. of local partners: 3
No. of lawyers: 20
Year founded in Romania: 2016
Offices in Romania: Bucharest
Representative clients include: E.ON Romania, Sodexo Romania, Romania Hypermarche (Cora), Teva Pharmaceuticals, OSRAM, Delgaz Grid, Element Industrial, IPSO, Intrarom, Industrial Instalservice.
Partners and heads of practice
Stefan is Managing Partner and founder of Botezatu Estrade Partners, established in 2016 in Bucharest, Romania. He has strong expertise in energy regulatory matters covering electricity and gas trading, gas and electricity supply and distribution and production, as well as ancillary services including e-mobility and development of infrastructure for electric vehicles. Throughout his legal career of over 21 years, he has advised an impressive number of high-profile clients active in various business sectors in CEE/SEE and Asia. He is an excellent closer and forward thinker.
Laura is Partner and founder of Botezatu Estrade Partners, established in 2016 in Bucharest, Romania. Laura’s expertise encompasses sophisticated M&A transactions in various sectors, as well as business transfers, joint ventures and corporate restructurings.
She also has in-depth knowledge in the Energy, Litigation, Regulatory, Employment, having managed complex projects in these areas. She constantly achieves high performances in her practice areas, having as background numerous high-level experiences, which helped her build a strong and thorough understanding of the clients’ needs and processes involved.
Laura is a member of the Bucharest and Paris Bar Associations.
Mihaela is a highly skilled lawyer with special focus on and impressive track record in the retail sector built over the last 15 years in international law firms.
She can boast involvement in many of the top deals in the retail arena and has strong expertise in the logistics sector, which recommends her as one of the experts in this industry sector. Mihaela is also recognized as lead advisor in the area of forestry and agriculture, as well as in relation to the development of residential projects.
List of the most representative projects
Assisted Sodexo Pass Romania in completing its acquisition of the entire shares package of 7Card, thus becoming the largest Romanian provider of leisure, sports and wellness corporate memberships for employees. Moreover, the firm assisted Sodexo Pass Romania, in the share capital increase process by which, through a contribution in cash of Sodexo Pass International SAS, the latter became a shareholder in Benefit Seven, the company that developed 7Card.
Assisted Teva Pharmaceuticals in relation to the entire package of corporate approvals and corporate documentation required for its valid accession to the group’s receivables securitisation programme, arranged by BNP Paribas, Dublin Branch.
Assisted Teamway Mobility Solutions, a tech start-up developing the first mobile app on the Romanian market enabling corporate carpooling, in relation to the incorporation process and business set-up, including drafting and negotiating the contracts with the first corporate clients.
Assisted Liviu Munteanu, an angel investor focused on medical technology start-ups, in relation to a bridge capital investment in Oncochain Solutions NL B.V./Oncochain Solutions, a technology start-up acting in the field of medical research. The mandate included a complex due diligence process, focused on corporate/commercial, IP and data protection matters, drafting the corporate documentation and adherence to a pre-existing shareholder’s agreement between the company’s shareholders and a Netherlands-based investment fund.
Assisted Ascent Resources plc, an independent oil and gas exploration and production company, in the due diligence process for the acquisition of a Romanian company specialized in the extraction of crude petroleum.
Specialist lawyers: Stefan Botezatu, Laura Estrade.
Energy and Natural Resources
Advising E.ON Energie Romania on the implementation of the NEXT-E project which aims to develop a pan-European network of stations that will cross six countries, our work including assistance on urban planning, European grants and Connecting Europe Facility (CEF) programs, public acquisition procedures, interaction with public authorities in Romania and other regulatory requirements for the setting up of a network of electric vehicles chargers, securing of real estate rights, obtaining relevant approvals and permits, as well as concluding public tender procedures.
Advising Industrial Instalservice in relation to a negotiation for termination of the energy supply agreement entered into between our client and Hidroelectrica (one of the major energy generation companies in Romania), as well as the subsequent dispute arising from the termination of this agreement.
Assisted E.ON in relation to an extensive analysis on the application of Directive No. 2019/944 & Regulation No. 2019/943, as well as ANRE’s subsequent legislation and their implementation.
Advising Delgaz Grid in relation to the negotiation of various amendments to several gas concession agreements with the Ministry of Energy, as well as in relation to the participation to public procurement procedures for new gas concession agreements.
Specialist lawyer: Stefan Botezatu.
Advised Romania Hypermarche (Cora) in relation to a dawn raid by the Competition Council, as well an investigation concerning alleged price fixing in the promotional sales. The mitigating causes presented by the firm's team were accepted by the Competition Council and the team obtained for the client a considerable fine reduction and the firm is currently working on obtaining full annulment of the fine.
Advised Delgaz Grid in relation to a preliminary investigation by the Competition Council regarding ancillary services for the distribution of electricity and natural gas.
Assisted and represented Romania Hypermarche (Cora) before the High Court of Cassation and Justice in connection with provisions of the Competition Law regarding access to the Competition Council investigation file. The firm took an active stand and challenges the regulation issued by the Competition Council with a view to obtain recognition of due process rights and principles during the pre-court investigation phase.
Assisted Intrarom a major information and communications technology vendor on the Romanian market, in relation to drafting and implementing a Competition compliance package and organizing a competition training session with Intrarom employees.
Assisted and represented E.ON Romania and E.ON Gaz Furnizare with formal information requests from the Competition Council in Romania with respect to a sectoral investigation initiated in the natural gas market after the liberalisation process in Romania on 1 July 2020.
Specialist lawyer: Stefan Botezatu.
Advising Cora group of companies in relation to numerous real estate projects including lease agreements for hypermaket premises as well as the second phase development projects of retail parks anchored by Cora hypermarkets.
Advising Sodexo Pass, as tenant, in the negotiation of several lease agreements for over 3,000 sqm office and production spaces concluded with an Immofinanz landlord company, as well as with regard to related project management services agreements and addenda to the lease agreements considering permitting calendar.
Assisted Element Distribution Centre companies in relation to the leasing of both development phases of Eli Park 1, project recognized as the Industrial Project of the Year by EuropaProperty, to tenants such as Arctic, Euro Games Technology Romania, Mobilier 1, Decor Floor and Dentotal.
Advising Teva Pharmaceuticals in relation to leases for Bucharest office premises including lease termination as well as lease negotiations for new premises as well as on the sale of properties located outside Bucharest.
Advising Element Industrial on the due diligence and acquisition structuring and documentation for large land surfaces for the subsequent development of a logistic park.
Specialist lawyer: Mihaela Posirca.
Litigation and Dispute Resolution
Assisting and representing Delgaz Grid in a complex and high-profile litigation commenced by Digi Communications (formerly, RCS & RDS), challenging the exclusivity of electricity distributors in the territories granted through the concession agreements. The claim has the potential to open the Romanian electricity distribution market to other companies.
Assisting and representing Delgaz Grid, E.ON Romania and E.ON Energie Romania (EER) in a series of complex shareholders disputes commenced by a former shareholder of Delgaz and EER, arising under a privatisation agreement. The clients prevailed before the first court, in the appeal phase, as well as in the final appeal before the High Court of Cassation of Justice altogether.
Assisting and representing E.ON Gaz Furnizare, E.ON Energie Romania, Delgaz Grid in proceedings commenced against the Romanian Energy Regulatory Authority in relation to regulated tariffs and related matters, with an aggregated value of over €200 million.
Assisting and representing E.ON Energie Romania in connection with a corporate litigation against the claimant, the Romanian Ministry of Energy, regarding the establishment and operation of E.ON Flash, a subsidiary of E.ON Energie Romania, founded as a player acting in the sector of supply of electricity and gas to clients, mainly by digital sales (the Ministry of Energy contested the corporate approval of establishment and operation of E.ON Flash). The client prevailed before the first court, appeal and final appeal courts altogether.
Assisting and representing E.ON Gaz Furnizare in connection with a claim for annulment of provisions in secondary legislation adopted by the Romanian Energy Regulatory Authority with respect to the inclusion of the costs incurred by affiliates’ in the revenues of the regulated supply company, claim addressing intricate technical aspects, pertaining to the fluctuations in the consumption of natural gas between the consumers from the regulated sector and the free market respectively, as well as the insufficiency of the gas deposits in Romania.
Specialist lawyer: Stefan Botezatu.