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42 New Articles

A new piece of the complex puzzle of public private partnerships in Romania came recently into the form of a new law, namely Law no. 7/2024 for the approval of Government Emergency Ordinance no.39/2018 on PPP (“Law 7/2024”), which brings significant amendments to the PPP regime. Also, in order to further support the recourse to the PPP tool, the Public Investment Management Unit within the Ministry of Finance commissioned a technical assistance project with DG Reform following which a comprehensive package of guides were published on 9 February 2024 on the website of the Ministry of Finance, with the aim to facilitate the understanding by the public sector of this tool, in order to increase its use in practice.

Bondoc si Asociatii has advised RetuRO Sistem Garantie Returnare as the sole administrator of the deposit-return system implemented in Romania on the engineering, procurement, and construction contract for the technical infrastructure and the equipment necessary for the operation of the deposit-return system throughout the country.

On 20 October 2023, the National Authority for Administration and Regulation in Communications ("ANCOM") and the Ministry of Research, Innovation and Digitisation published for public consultation until 31 October 2023, the Draft Law on the establishment of measures for the implementation of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC, as well for the amendment and supplementation of Law No 365/2002 on electronic commerce (the "Draft Law").

Bondoc si Asociatii, working with Freshfields Bruckhaus Deringer and Foley & Lardner, has advised BorgWarner on the Romanian aspects of the spin-off of its fuel supply systems and spare parts and accessories business into the Phinia company.

On 7 August 2023, the Ministry of Energy published for public consultation the draft Government decision on the approval of the general legal framework for the implementation and functioning of the Contracts for Difference (CfD) support mechanism for low carbon technologies (the “Draft Government Decision”), together with an information note for potential bidders in relation to the implementation of a first CfD scheme, the related auctions rounds being envisaged for Q4 2023 and Q1 2025 (the “Information Note”).

On 28 June 2023, the European Commission published the proposals for the legislative package on payment services (“Revised Payments Legislative Package”) that will replace the Directive (EU) 2015/2366 on payment services in the internal market (“PSD 2”) and Directive 2009/110/EC on the taking up, pursuit and prudential supervision of the business of electronic money institutions (“EMD”) and merge the legal frameworks applicable to payments and electronic money services.

On 26 April 2023, the Court of Justice of the European Union ("CJEU" or the "Court") rendered an interesting new judgment that reopens the discussion about the problems posed by the legal protection of pseudonymized data. The Eighth Chamber, Extended Composition, of the General Court issued a judgment in case T-557/20 which involved the Single Resolution Board, as the central resolution authority within the European Banking Union ("Single Resolution Board" or "SRB") and the European Data Protection Supervisor ("EDPS").

It has recently been noted that social actors show a growing interest in concluding collective agreements at various levels, the justification being manifold: this either represents a way to retain employees, or it is an attempt to align to market practices, etc.

The EU support for renewables, fostered from the outset by climate change and environmental/health as well as energy independence concerns, has prompted across the years a booming renewable business. Then the war in Ukraine broke out and the ensuing energy crisis raised a structural question mark on how EU could best react to these challenges and what role would the renewables play in the process.

On 13 December 2022, Law No. 357/2022 (“Law 357/2022”) on the approval of Emergency Ordinance No. 119/2022 amending Emergency Ordinance No. 27/2022 (“GEO 27/2022”) on measures applicable to final customers in the electricity and natural gas market in the period between 1 April 2022 and 31 March 2023, as well as for amending certain regulatory acts in the energy field (“GEO 119/2022”) was published in the Official Gazette of Romania no. 1198. Law 357/2022 entered into force on 16 December 2022, except for certain provisions which will enter into force at a later date. Below is a selection of some of the more relevant provisions set forth under Law 357/2022.

Bucharest is currently going down a rocky road insofar as urban regulations are concerned, which have gone through a real odyssey, from being judicially and administratively suspended, to some of them ending up by being finally cancelled by the administrative litigation courts.

On 6 December 2022, Government Emergency Ordinance no. 163/2022 ("GEO 163/2022" or the “Ordinance”) for supplementing the legal framework on the promotion of the use of energy from renewable sources and for amending and supplementing certain regulatory acts, was published in Official Gazette of Romania No. 1165, entering into force on the same date.

With the war in Ukraine raging for more than six months, law firms across the region have reported increased workloads in corporate and M&A, tax, employment, immigration law, and inquiries on the sanctions regimes in relevant jurisdictions, noting that companies from Ukraine, Russia, and Belarus are variously looking for a new home. Whether to avoid sanctions or escape the war, those companies consider a variety of factors in determining where to go.

On 1 September 2022, Emergency Ordinance No. 119/2022 (“GEO 119/2022”) amending Emergency Ordinance No. 27/2022 on measures applicable to final customers in the electricity and natural gas market in the period between 1 April 2022 and 31 March 2023, as well as for amending certain regulatory acts in the energy field (“GEO 27/2022”) was published in the Official Gazette of Romania no. 864 and entered into force on the same date. Below is a selection of the provisions set forth under GEO 119/2022.

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Bondoc si Asociatii at a Glance

Bondoc și Asociații SCA is a leading Romanian law firm advising private corporations, public entities and lending institutions in the development of significant and increasingly integrated projects in a wide range of practice areas, including corporate and commercial law, M&A, banking & finance (including also structural funds and state aid), energy, capital markets, competition law, labor, real estate, IT&C, regulatory and compliance. Its lawyers are specialized in providing integrated advice on virtually every legal aspect associated with complex cross-border transactions, as well as domestic projects.

We have the experience and necessary resources to advise private corporations, public entities and financial institutions in their cross-border expansion, in the development of significant and increasingly integrated projects.

In terms of M&A transactional work, our team has been involved in many significant transactions covering a broad range of industries.

We are one of the few firms capable of assisting in a professional manner on virtually any type of M&A project in any industry in Romania and of any size, including with respect to highly regulated sectors or in connection with public authorities.

We have very strong departments in all support areas needed for such transactions, including without limitation competition, commercial law, real estate, labor law, banking &finance, energy, environment, and other regulatory.

Key Information:

  • 9 partners;
  • 40 lawyers, most of whom have also studied abroad;
  • Covering the full range of legal services;
  • Having worked on many of the largest and most complex projects in the Romanian market in the past 3 years;
  • One of the very few Romanian law firms growing in the market;
  • Highly recommended by international directories in 11 areas of law.

We offer:

  • Integrity;
  • A Client-oriented approach;
  • Top quality services, including in highly regulated sectors;
  • A size allowing for the coverage of several large projects at the same time;
  • Very strong experience in both domestic and international complex projects, including in highly regulated sectors;
  • A holistic approach.

Expertise:

Our lawyers have wide experience in dealing with complex and sophisticated legal matters.

  1. Banking & Finance
  2. Capital Markets
  3. Commercial
  4. Competition
  5. Corporate / Mergers & Acquisitions
  6. Data Protection
  7. Employment
  8. Energy & Natural Resources
  9. Environment & Regulatory
  10. Healthcare/Pharma & Medical Services
  11. Insurance and Private Pensions
  12. Intellectual Property
  13. IT/Technology & Communications
  14. Litigation & Arbitration
  15. Media, Entertainment & Advertising
  16. Public Procurement & PPP
  17. Real Estate& Constructions
  18. Restructuring & Liquidation
  19. State Aid & European Structural Funds
  20. White Collar / Investigations & Compliance

For further information about Bondoc si Asociatii Law Firm, please visit our website at bondoc-asociatii.ro.