CONCESSIONS & PUBLIC PROCUREMENT
Our expertise covers a wide spectrum of services in the concessions & public procurement area, as highlighted in the selection of matters described below.
- Advising Enel Romania on various legal matters, including implementation in Romania of article 24 of Directive 2009/72/EC concerning the common rules for the internal market in electricity, including the concession of distribution services, as well as a wide range of high-level corporate and real estate issues.
- Advising a manufacturer of medical and safety technology product sin connection to distribution of medical devices, including legal advice from a competition law and public procurement law perspective.
- Advising a Spanish energy group that provides engineering, construction, operation, maintenance and development services in sectors such as railways, natural gas, telecommunications, water and electric power with respect to potential challenge before the National Council for Settlement of Challenges of a public procurement procedure launched by the electricity transmission system operator in Romania.
- Advising a company acting in the pharmaceutical industryin connection with criminal proceedings concerning the provision of medical devices to a State-owned hospital, allegedly breaching the conditions of the public procurement tender.
- Advising and representing Maramures County Council before the court of justice in an arbitration case file before the Arbitration Court affiliated to the Chamber of Commerce and Industry of Romania, in relation to performance of an infrastructure modernization FIDIC agreement regarding the execution of certain projects.
- Advising a multinational offering intelligent and efficient mobility solutions for urban, interurban and freight transportation in connection with its participations into public procurement procedures as subcontractor for multiple bidders.
- Advising a global healthcare company in connection to the development of a own distribution system and direct relation with hospitals, including on what concerns the acquisitions of medicines by the latter. Our assistance included the assessment of the possibilities to participate to public procurement procedures, avoidance of conflict of interest with other distributors of its products and revising subcontracting agreement.
- Advising a company acting in the pharmaceutical industry, more specifically distribution of medical devices, in connection to the legal actions regarding various fix assets gratuitously provided to public hospitals.
- Advising a manufacturer of medical and safety technology products, in connection to criminal proceedings related to breach of public tender regulation in respect to the provision as subcontractor of certain medical devices to a public hospital.
- Advising and representation of Municipality of Campia Turzii before the court of justice in a dispute with a major commercial entity regarding a sale and purchase agreement for land earmarked for industrial development.
- Advising the electricity transmission system operator in Romania on the establishment and implementation of measures to be taken following an audit performed by the Court of Accounts. Legal work included analysis of complex issues pertaining to various matters such as public procurement, corporate, commercial agreements and tax, preparing the measures plan, assisting the client during negotiations with third parties, etc.
- Advising the largest electricity company in Italy, on an estimated €4bln PPP project with an e Romanian State-owned energy company for the development of certain units of an important Nuclear Power Plant.
- Advising an engineering firm specialising in road construction and rail track construction during renegotiations with the National Motorway and Road Company (CNADNR) in respect of two FIDIC agreements having as objects the rehabilitation of one of the main national roads and construction of a ringroad.
- Advising the local subsidiaries of Enel S.p.A. during an intricate process meant to withdraw the electricity suppliers from the list of contracting authorities provided by GEO 34/2006 on the award of public procurement contracts, public works and services concession contracts.
- Advising a leader in electricity production and the main provider of technological services in Romania and an important Romanian Ministry, as part of an international consortium, in connection with the construction of a pumped-storage hydropower plant, a greenfield project with a forecasted installed capacity of 1,000 MW, estimated to require an investment exceeding €3 bln.
- Advising Enel Green Power Romania in connection with securing its title over a land part of the State’s private domain on which a wind farm has been developed. Legal work included drafting the concession agreement and the related approval documents and assisting the client during negotiations with the representatives of the local authorities.
- Advising Enel S.p.A. in creating a central purchasing body for carrying out public procurement processes world-wide, including Romania.
- Advising the Romanian television in connection to reviewing the internal regulation for public procurement proceedings.
- Advising one of the largest construction companies worldwide, in relation to the public tender procedures for the concession of the design and construction of a motorway in Romania.
- Advising Enel S.p.A., in connection with the PPP project with the largest State-owned electricity producer in Romania in relation to the refurbishment and new capacity development project for several power plants in Brăila, Doicești, Borzești and Galați.
- Advising a major international player in the design, manufacturing, maintenance and supply of equipment and components for railway systems in connection with its participation in the public tender launched by the local company which runs the Bucharest Metro for the acquisition of 51 six-car subway trains to operate on a Metro Line.
- Advising a leading State-owned electricity producer, in connection with the structuring and implementation of several greenfield/ brownfield projects aimed to upgrade existing power plants and develop new co-generation capacities, together with several private investors.
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