A Year in Review – The Activity of the National Environment Guard in 2024

January 2025 Madalina Vasile, Managing Associate (Head of Head of the Environment Practice), and Teodora Roman, Associate Nestor Nestor Diculescu Kingston Petersen On January 21, 2025, the National Environment Guard („NEG”) published a press release¹ on the institution’s activity report for 2024. The press release of NEG included, among other things, a retrospective of its inspection and control activities, the key areas subject to verification, an analysis of trends compared to the previous year, as well as the outlook for 2025. Statistics for inspection and control activities In…

Romanian DPA Activity Report for 2023

December 2024 Our member firm, Nestor Nestor Diculescu Kingston Petersen, has recently issued the Romanian Data Protection Assessment Activity Report for 2023. The firm's data protection specialists examined the report and prepared a summary in which they: analyse five significant cases investigated by the Romanian DPA; present the most frequent cases of complaints, notices, and notified data breaches; compare the key numbers that reflect the DPA's activity in 2023 with those from the previous year. The full publication is available here.

NNDKP Wins a Landmark Customs Dispute

November 2024 Our member firm, Nestor Nestor Diculescu Kingston Petersen, has secured a final favourable decision for an important manufacturer of components for automotive safety systems, in a customs dispute. The final decision issued by the Timisoara Court of Appeal confirms the company’s right to recover the customs duties paid based on incorrect customs declarations, marking a significant benchmark in the legal field. The decision shows that customs duties can be reimbursed even if the goods are not physically available at the time of the claim, if there is conclusive evidence establishing…

NNDKP Obtains a New Court Decision Recognising the Right to Deduct VAT on Investment Expenses in Case of Project Abandonment

November 2024 Our member NNDKP's Center of Excellence in Fiscal Disputes (NNDKP CELF) has successfully represented a client in maintaining the recognition, through a final court decision, of the right to deduct VAT on expenses incurred for investments necessary to start or continue certain real estate projects that were ultimately not completed. In this case, the taxpayer, a real estate developer, intended to start two real estate projects on the land they owned. The first project was not completed due to a legal dispute that prevented the start of construction. After the legal matter was resolved,…

NNDKP Assisted AAylex One in Connection with a EUR 20 Million Financing Provided by CEC Bank S.A. and Alpha Bank Romania S.A.

August 2024 NNDKP has assisted AAylex One, one of the leading players in the Romanian food industry and the producer of the Cocorico brand in connection with a EUR 20 million loan facility granted by a syndicate of banks. The syndicate of banks included CEC Bank S.A. and Alpha Bank Romania S.A., the facility granted is secured by a guarantee issued by Exim Banca Romaneasca in the name and on behalf of the State. NNDKP continues to support AAylex One, advising this client in a new financing project on complex aspects related to the structuring, drafting and negotiation of the finance documents…

NNDKP Assists Globant with the Merger of two Romanian Subsidiaries

August 2024 NNDKP has recently advised Globant, an IT and software development company present in 33 countries with more than 29,000 employees worldwide, throughout the entire process of merging two Romanian subsidiaries – Pentalog Romania S.R.L. and Pentalog HR Romania S.R.L. The transaction was part of a global reorganization process that Globant designed in order to continue and accelerate its expansion worldwide, including in Romania. NNDKP provided comprehensive legal assistance and strategic legal guidance from a corporate perspective in all stages of the merger, as well as counseling…

NNDKP Part of the International Legal Team Advising Mengtai Group on the Acquisition of Alu Menziken Group

June 2024 Nestor Nestor Diculescu Kingston Petersen (NNDKP) was part of the international team of advisors that assisted the Chinese Inner Mongolia Mengtai Group Co., Ltd. with the acquisition of the Alu Menziken Group from Montana Aerospace AG. NNDKP provided legal assistance in the Romanian jurisdiction. The project was coordinated by the German law firm HEUKING, which acted as lead counsel in the transaction and coordinated local counsel in Switzerland, Austria and Romania. Alu Menziken is an established manufacturer of lightweight components from aluminum, including solutions for e-battery…

NNDKP Assisted CTP in Acquiring Globalworth’s Fully Owned Logistics Portfolio

May 2024 Nestor Nestor Diculescu Kingston Petersen (NNDKP) has assisted CTP, Europe’s largest listed developer, owner, and manager of industrial and logistics properties by gross lettable area (GLA), in acquiring the logistics portfolio fully owned by Globalworth, the largest office investor in CEE, with leading positions in Romania and Poland. The portfolio, comprised of 270,000 sqm GLA and 30ha landbank, includes six industrial parks and other complementary facilities in six key locations in Romania, including Bucharest, Arad, Pitesti, Oradea and Timisoara. Following this acquisition CTP…

Romania Chapter in the CEE Legal Matters Comparative Legal Guide: Competition 2024

April 2024 Anca Diaconu and Rares Farcas have authored the Romania Chapter of the CEE Legal Matters Comparative Legal Guide: Competition 2024, published by CEE Legal Matters. The guide serves as a compass, providing in-depth analysis and insights on main competition pieces of legislation, notable recent updates, the main concerns of the competition authority as well as its sanctioning record, how a leniency policy is applied, and an overview of relevant recent abuse cases, as well as the impact of COVID-19, across 15 jurisdictions in the region. The Romania Chapter of the CEE Legal Matters…

Certain Considerations on Delegation of Director’s Powers in a Limited Liability Company

April 2024 While rendering day-to-day corporate advice to various clients, we have noticed lately a trend specific to limited liability companies, which involves allowing the directors of the respective companies to delegate all their powers to another individual for certain operations, either via the Articles of Incorporation or by resolution of shareholders. The matter itself should not raise specific concerns, as this right is already provided by the Companies Law 31/1990 (i.e., the possibility for the director to delegate his powers). However, the way such delegation of powers is actually…

April 2024 Reasons for the dismissal decision by reference to the temporary nature of the employment contract and the primacy of European Union law in...

April 2024  The Court of Justice of the European Union (the “Court of Justice of the EU” or the “Court”) delivered a judgment, on 20 February 2024, in Case C-715/20 (K.L. v X sp. z o.o.), in which it ruled as follows: Clause 4 of the Framework Agreement on fixed-term work concluded on 18 March 1999 (the “Framework Agreement”), which is included in the annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p.43, Special edition, 05/vol. 5, p. 129) must be interpreted as precluding…

Romania – a Strong Option for Investors

March 2024 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 resource-rich, and geographically privileged location at the crossroads between Europe and Asia, Romania is a growing economy. 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. “Investing…