These past years have been challenging for companies, authorities and data subjects, who had to keep pace with the evolving regulatory requirements. On this occasion, we take a look at some of the most important decisions rendered by the Court of Justice of the European Union to date and analyze their practical implications. We also look to the future and examine several upcoming judgements which are expected to have a major impact in the field. So here are our top picks.
Romania: Hydrogen Revolution – Are We There Yet?
It is truly remarkable that in the year 1874, Jules Verne imagined that “water will one day be employed as fuel, that hydrogen and oxygen which constitute it, used singly or together, will furnish an inexhaustible source of heat and light, of an intensity of which coal is not capable”. After 148 years, Jules Verne’s dream is slowly becoming reality as it is actively acknowledged by global companies, governments and world leaders.
NNDKP Advises Staffbase on Acquisition of Dirico
Nestor Nestor Diculescu Kingston Petersen, working with Luther, has advised Staffbase on its acquisition of the Romanian Dirico entity from 247Grad Labs. Schoenherr reportedly advised the sellers.
Decoding the Romanian Implementation of the European Electronic Communications Code
More than two years after the expiry of the deadline for the transposition of Directive (EU) 2018/1972 establishing the European Electronic Communications Code ("Electronic Communications Code"), Romania has adopted for this purpose the Law no. 198/2022 amending certain regulatory acts in the electronic communications sector and for the establishment of measures meant to facilitate the development of electronic communications networks ("Transposition Law").
Tuca Zbarcea & Asociatii Advises Electrica on EUR 600,000 Acquisition of Green Energy Consultancy & Investments
Tuca Zbarcea & Asociatii has advised Electrica on its EUR 600,000 acquisition of Green Energy Consultancy & Investments from shareholders Vlad-Mihai and Tudor-Nicolae Ungureanu.
VNP Advises Essensys Software on Merger with mReady
Vlasceanu Nyerges & Partners has advised Essensys Software on its merger with mReady.
Adjustment of the Safe Harbor Regime for Content-sharing Platform Operators in Regard to Copyright Infringing Content
Against the background of a continuous transformation of the realities surrounding us, the European Union institutions have been noted to show an effervescence in their actions meant to cover the gap between reality and the legislative framework. This gap has grown with the evolution of digital technologies. Thus, the legislative framework has proven insufficient for an adequate protection, for example, of content published or shared in any way in the online environment.
Dentons and White & Case Advise on Dr. Max' EUR 940 Million Loan
Dentons has advised the Dr. Max Group on its EUR 940 million loan for the refinancing of its bank debt and further growth. UniCredit Bank Czech Republic and Slovakia and Komercni Banka led the 14-bank strong consortium. White & Case advised the banks.
Stratulat Albulescu and The Law Chamber Advise on Indotek's Acquisition of One Victoriei Center
Stratulat Albulescu has advised the Indotek Group on its acquisition of the One Victoriei Center office building in Bucharest. The Law Chamber reportedly advised the Element Group on the sale.
Act Botezatu Estrade Partners Advises Louis Delhaize on Sale of Commercial Center to Studium Green
Act Botezatu Estrade Partners has advised Belgian group Louis Delhaize on the sale and lease-back transaction for a Cora-anchored commercial center in Cluj to Studium Green. Reff & Associates, Deloitte Legal’s affiliate in Romania, reportedly advised Studium Green.
Renewed Efforts to Develop PPPs in Romania
Although Romania’s history with public-private partnerships (PPPs) spans over two decades, the legal framework in force until 2018 did not attract sufficient private partner interest for the development of such projects. As a result, to date, the number of successful PPPs remains rather low.
The Untapped Potential of the ESCO Financing Model
An Energy Service Company (ESCO) provides energy services and/or other energy efficiency improvement measures to consumers and, as a result of providing such services and/or measures, accepts a degree of financial risk. Payment for the services provided by an ESCO is based, in whole or in part, on the energy efficiency improvement and the fulfillment of other performance criteria agreed upon by the parties. As a rule, the ESCO is paid out of the cost reductions achieved following the energy upgrades and/or efficiency measures. Because payment is made from the energy savings, the costs of financing and implementing such an efficiency project may, based on the financing structure applied, be treated as an off-balance sheet asset.
New Age of FDI Screening – Stricter Rules for Non-EU Investors in Romania
Following the wave in Europe on the enforcement of foreign direct investment screening, Romania has just shifted to new rules for non-EU investors. The new regime entered into force on April 18, 2022, and is expected to be fully operational by June 18, 2022, when the new FDI Screening Commission is to be set up.
Progress (or Lack Thereof) in Romania’s Transposition of the EU Whistleblowing Directive
Although the first draft law transposing EU Directive 2019/1937 (Whistleblowing Directive) into national law has been launched in public debate by the Ministry of Justice in April 2021, the Whistleblowing Directive has not yet been implemented in Romania.
How Mobile Is the Mobility Package in the Transport Sector?
The new Mobility Package adopted at the European level represents a significant shift in the transport sector. Its effects have been long anticipated since the Commission’s proposal in 2017, as the new regulations intended to level the playing field for transport operators from different member states. Additionally, they aim to provide equal social protection to all drivers, reduce negative competition, and standardize different administrative procedures. Considering the new procedures, transport operators are faced with a multitude of challenges to adapt their business models to the current requirements.
For The Future – Romania’s New Cybersecurity Strategy (2022 – 2027)
The last few years have brought incredible leaps in technology, all fields seeing new and impressive heights that could only be imagined twenty years ago. But the rapid developments in technology came with greater risks in terms of cybersecurity. Romania plays an important role in terms of resources and capabilities in the cybersecurity field and makes ensuring a safe cyberspace a top priority for the country.
Challenging the Ascertaining Document – Recent Developments
A key institution enshrined by the Romanian legal provisions governing public procurement, the ascertaining document is issued by contracting authorities upon the finalization of a public contract and indicates whether contractors failed to fulfill their contractual obligations or have fulfilled them in a defective manner.
Romania: How to Create and Develop a Robust and Long-Lasting PPP Culture
In Romania, the first legal enactment specifically addressing PPP projects was adopted in early 2002. In the 20 years that followed, four primary pieces of legislation on this topic have been passed, with the declared objective to provide a sound legal basis for the implementation of PPP projects. Nevertheless, each of these successive enactments was adopted not to keep pace with the practical developments in PPP matters, but rather to respond to criticism of the absence of a proper legal basis to structure and implement PPP projects.