Important Aspects for Triggering the Public Authorities’ Liability for the Issuance of Unlawful Administrative Documents

The liability of the public authority for the harm caused by unlawful unilateral administrative documents/actions is regulated under express legal provisions – Art. 8 para. 1 in conjunction with Art. 19 of Law 554/2004 -. From a procedural perspective, this liability presupposes the initiation of an action for administrative patrimonial liability, an action based on civil tort liability, from which it nonetheless differs in several significant respects pursuant to the norms of administrative law.

Romania – Light and Shadows

Romania has a 2018–2020 governing programme that recognises the development of infrastructure of all types as a second-to-none policy focus. Its 2019 National Reform programme includes a number of priority actions that would be conducive to growth in combination with commercially focused institutional assistance to businesses and a true partnership between the public and private sectors. The country has seen historical under-investment in infrastructure and mounting pressure to replace and expand facilities. Its economic development has outgrown existing capacities and the country faces compelling requirements to meet applicable EU standards for various categories of infrastructure and an increased need to facilitate cross-border trade of goods and utilities.

2019 Romania – Call for Petroleum Blocks Tender. A Breath of Fresh Air?

In a country with a significant number of mature fields and few discoveries made and/or developed in the last years, the Romanian National Authority for Mineral Resources has recently launched a public call for tender for the concession of 28 exploration, development and exploitation petroleum blocks, both onshore and offshore (Licensing Round XI/2019). The list of the petroleum blocks has not yet been published in the Official Journal of the European Union, but such publication should occur soon. The list of petroleum blocks is available in the Romanian Official Gazette. Offers can be submitted by any legal entity, Romanian or foreign, within 120 business days from the date when the tender notice is published in the Official Journal of the European Union and the petroleum concession agreements are expected to be signed within 9 months from the date the negotiations started. Pursuant to Romanian law, the concession agreements will enter into force only after approval by Government Decision, which is sometimes a lengthy process. Although a new licensing round is welcome as the country clearly needs to revive investments in the oil & gas sector, the launching of the licensing round comes as a surprise given that there are still key issues to be fixed in the regulatory framework.

The Baylor Black Sea Foundation will be able to Continue the National Medicine Donation Program

In 2017, the Baylor Black Sea Foundation, represented by NNDKP, facing the refusal of the Romanian fiscal bodies to authorise the import with the exemption from the payment of the value added tax and of the related custom duties applicable to the medicines necessary for the treatment of several serious conditions, took the issue to court in order to resolve this administrative-fiscal conflict that was jeopardising the future of the entire donation program of the Foundation. The Constanța Court of Appeals recently confirmed the correct decision of the Court, annulling the decisions of the fiscal bodies refusing the import of medicines with the exemption from the payment of the value added tax, after the decision of the first level court had been previously reversed by the Court, pursuant to a final decision, whereby it had dismissed the complaint filed by the Foundation, who had challenged the refusal of the fiscal authorities to authorise the import of medicines under a regime allowing the exemption from the payment of custom duties.

NNDKP Assisted Norofert SA in Preparing its Private Placement

NNDKP assisted Norofert SA in preparing for the private placement ahead of the Group’s listing on the Bucharest Stock Exchange. NNDKP partners, Alina Radu and Corina Dumitru, led the NNDKP team, which consisted of associates Laura Duca and Claudia Lazar.

Private Antitrust Litigation in Romania

Georgeta Dinu, partner and head of NNDKP’s Competition, State Aid and EU Law practices and Alexandru Sotropa, associate in the same practice have contributed to the Q&A Guide on Private Antitrust Litigation in Romania, published by Thomson Reuters – Practical Law. The Q&A provides a high-level overview of the legal basis for bringing private antitrust litigation actions; parties to an action; limitation periods and forum; standard of proof and liability; costs and timing; pre-trial applications and hearings; alternative dispute resolution; settlement or discontinuance of an action; proceedings at trial; available defences; available remedies; appeals and proposed legislative reform.

First GDPR Fines in Romania

NNDKP's head of the Data Protection practice, Roxana Ionescu, published two articles in relation to the first two fines notified by the Romanian Data Protection Authority (DPA). In applying its first fine, the Romanian DPA has reinforced its past practice on minimising the processing of personal numeric codes (equivalent to social security numbers) while making use of new concepts under the General Data Protection Regulation, like the accountability principle and data protection by design and by default. The second fine was imposed due to a data breach.

NNDKP Assisted CTP in the Acquisition of the Logistics Park A1 Bucharest Park

NNDKP assisted CTP, the largest developer and long-term manager of industrial and logistics parks in Romania and Central and Eastern Europe in the transaction that involved the acquisition of the logistics park A1 Bucharest Park, located at km 13 on the A1 highway, which was previously owned by Vabeld Group. The logistics project comprises nine logistics buildings with a leasable area of 78,000 sqm. The transaction is valued at EUR 40 million.

NNDKP Assists Globalworth in Developing the New Logistics Project in Chitila

NNDKP has assisted Globalworth, the largest office investor in Romania and Poland, in the transaction targeting the partnership with Global Vision, one of the largest construction and industrial parks management company in Romania, in the development of a logistic project in Chitila (Ilfov County) on a 136.000-sqm land. The logistics project will be built on an investment of EUR 35.5 million. Moreover, the project also marks the launching of the Global Logistics brand, a platform that incorporates all the industrial and logistics Globalworth projects.

NNDKP Involved in a Contemplated Project on the Romanian Capital Markets

Norofert Group, the leading Romanian producer of organic agricultural products, announces its intention to list on the AeRO market of the Bucharest Stock Exchange in the second quarter of 2019.  This is an example of a project where clients benefit from the NNDKP and Cornerstone Communications alliance, with NNDKP assisting Norofert Group in preparing the corporate structure for listing as well as assuring the legal and tax audit, and Cornerstone Communications being the company’s investor relations adviser.

NNDKP Announces the Official Formation of the Center for Excellency in Fiscal Disputes (NNDKP CELF)

Nestor Nestor Diculescu Kingston Petersen announces the official formation of the “Center for Excellency in Fiscal Disputes” (in Romanian NNDKP CELF), an NNDKP initiative that is the reflection of the intensive professional and scientific collaboration of over 10 years between the company’s dispute resolution and tax advisory teams.

Romania – Top-scoring Investment Destination among its Peers

Romania is a growing economy with key offerings including a significant market (the second largest in CEE), EU-shaped legislation, NATO membership, and a well-educated workforce in a hospitable and resource-rich and geographically privileged location at the crossroads between Europe and Asia. To give investors a quick understanding of the local legislation impacting doing business in Romania, NNDKP lawyers and consultants prepared a digest covering legal and tax implications to be considered when entering or enhancing an already existing presence on the domestic market.