Legal News

SCA Zamfirescu Racoţi & Partners (ZRP), as lawyers and TPA Romania, as financial experts, both selected following a procurement procedure to ensure the representation of SAPE ( Societatea de Administrare a Participațiilor în Energie), obtained a final arbitration decision at the Paris International Chamber of Commerce (ICC), which granted in part SAPE's action against companies Enel Investment Holding BV and Enel S.p.A. (Enel), the latter being obliged to pay the sum of 401,209,541.29 Euro.
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Musat & Asociatii has assisted Emerson SRL, a subsidiary in Romania of Emerson Electric on the separation of the activity of Emerson Network Power toprepare it's transfer to the US investment fund Platinum Equity . The transaction was conducted globally and has a value of around 4 billion USD.
Emerson reported sales of $ 4.4 billion globally for the Network Power business during 2016....more »

The Financial Supervision Authority (FSA), represented by Musat & Asociatii, won the final process initiated by Fondul Proprietatea SA, through which the Fund requested the Authority to approve changing the fee agreed with the Fund Manager, Franklin Templeton Investment Management Ltd . The litigation was initiated in 2012, 2 years after the conclusion of the administration of Franklin Templeton Property Fund when the Fund's shareholders decided to change the structure of the fee set by the management agreement concluded with Franklin Templeton, asking the opinion of the FSA for this increase, according to the law.
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Maravela & Asociatii’s insolvency
& restructuring department has been recently acknowledged by the
reputed London based international directory The Legal 500, which
placed the firm’s practice in the second tier, nationwide, in the
Europe, Middle East & Africa 2016 guide. Managing Partner Gelu Maravela has been
designated by the renowned international American directory Best
Lawyers, as Lawyer of the Year 2016-2017 in Romania, for his
insolvency and restructuring activity.
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S&T AG, a multinational technology IT group and supplier of smart energy technologies, took over a majority stake in Gadagroup Romania, a distributor of medical devices and special medical equipment, thus making an entrance on the market of healthcare services.
The purchaser was advised by German law firm Noerr. The legal team of Noerr was coordinated by Luiza Bedros (Senior Associate), under the supervision of Rusandra Sandu, Partner and Head of Corporate/M&A practice....more »

Turkish company Bikaldi that owns 130
Kahve Dunyasi coffee shops in Turkey and one in London, opened the
first coffee shop in Romania, in Bucuresti Mall.
Kahve Dunyasi first opened in 2004 in
Turkey and rapidly enjoyed popularity thanks to their "from
producer to consummer" concept, where all the products –
coffee, chocolate, ice cream and pastry are produced and freshly
served in their own shops. In 2011 they entered the UK market with
a coffee shop in London and now, according to their consultants'
press release, Noerr, they have big plans for Romania.
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The local office of Austrian law firm Wolf Theiss expands its competition and state aid practice by adding new Partner Adrian Șter to its team. Adrian Șter graduated from the Faculty of Law of Babeş-Bolyai University, Cluj-Napoca in 2003, and, in 2005, from the School of Law, Nottingham University, UK. In 2006 he received his Master's degree "with Merit" in European Law from University College London. Adrian has practiced law for more than 10 years, focusing on competition law. Previously he was managing associate at Musat si Asociatii. His experience in the legal field includes assisting leading players on the local market from telecommunication, FMCG, retail, banking, pharma, energy, automotive and media.
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Headquartered in San Francisco, with offices in 37 countries, Riverbed Technology purchased the German company Ocedo, with offices in Romania and Singapore. Ocedo provides network technology as a managed service via cloud infrastructure.
With this acquisition, Riverbed Technology, that develops products for WAN optimization (a series of techniques for improving the performance of applications across wide-area networks, WAN, such as the Internet) hopes to offer a unique Software-Defined WAN (SD-WAN) service that will combine Riverbed’s IT infrastructure with Ocedo’s software products....more »

As a general rule, insolvency proceedings fall under the jurisdiction of the national courts in the state where the debtor's head office is registered ("State of Incorporation"). Such jurisdiction is reasonably practical, as most often creditors and the debtor's main assets are located in the State of Incorporation.
However, in more complex situations when companies carry out activities outside their State of Incorporation, a European regulation (EC regulation no. 1346/2000) (the Regulation) enacts jurisdiction to open insolvency proceedings for courts in the Member State where debtors' centre of main interests (COMI) is located (COMI State). If insolvency proceedings are initiated in the COMI State, this will determine the governing law and its effects shall be restricted to the assets of the debtor within its territory. Any other insolvency procedure shall be qualified as secondary (insolvency) proceedings....more »

Aegon Societate de Administrare a unui
Fond de Pensii Administrat Privat S.A. (AEGON) along with other
managing companies of mandatory private pension funds (Pillar II)
were sanctioned by the Council of Competition for an alleged
allocation of customers. RTPR Allen & Overy, the
representatives of AEGON in this situation, managed to obtain in
court a reduction with over 80% of the fine imposed.
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