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Tuca, Zbarcea & Asociatii Successful for CRRC Qingdao Sifang and Astra Vagoane Before CJEU

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Tuca, Zbarcea & Asociatii has successfully represented the association between China-based CRRC Qingdao Sifang and Romania-based Astra Vagoane Calatori before the Court of Justice of the European Union in a case which rendered Emergency Ordinance No. 25/2021 on the exclusion of non-EU economic operators from public procurement procedures ineffective.

According to Tuca, Zbarcea & Asociatii, the case concerned a public procurement procedure worth approximately EUR 750 million in which a joint venture between a Romanian company and a non-EU one "was excluded following the Romanian Government’s adoption of Emergency Ordinance No. 25/2021. This legislative act imposed the sanction of exclusion for all economic operators from non-EU countries that had not signed a free-market access agreement with the European Union."

As Tuca, Zbarcea & Asociatii reports, the Court of Justice of the European Union ruled that "primary EU law precludes a Member State from adopting national legislation excluding an economic operator from a third-country which has not concluded a free-market access agreement with the EU, as such a measure falls within the exclusive competence of the European Union. 

The Tuca, Zbarcea & Asociatii team included Partner Dan Cristea and Senior Associate Serban Sarbu.

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Țuca Zbârcea & Asociații is a full-service independent law firm, employing cross-disciplinary teams of lawyers, insolvency practitioners, tax consultants, IP counsellors, economists and staff members. It also operates a secondary law office in Cluj-Napoca (Romania), and has a ‘best-friend’ agreement with a leading law firm in the Republic of Moldova. In addition, thanks to the firm’s dedicated Foreign Desks, the team provides the full range of services to international investors seeking to gain a foothold or expand their existing operations in Romania. Since 2019, the firm and its tax arm are collaborating with Andersen Global in Romania.

Țuca Zbârcea & Asociaţii is providing legal services in every aspect of business, covering all major areas of practice: corporate and M&A; litigation and international arbitration; corporate tax; public procurement; TMT; employment; insurance; banking and finance; capital markets; competition; healthcare and pharmaceutical; energy and natural resources; environmental; intellectual property; real estate; regulatory legal services.

Țuca Zbârcea & Asociaţii is a First-Tier law firm in all international legal directories and a multiple award-winning law firm both locally and internationally. It received the CEE Deal of the Year Award (DOTY Awards 2021) and the Law Firm of the Year Award: Romania (IFLR Europe Awards 2021). 

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