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Transparency, a Key Element for Protecting Consumer Rights

Our colleague Catalina Burca-Andonie looked into the particular attention economic operators should pay to the transparency requirements laid down in the consumer protection legislation.

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ZF Bankers Summit 2023

Carmen Peli attended the first day of debates at the ZF Bankers Summit 2023, in a discussion on the corporate financing market.

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Impact of Algorithms on Competition

Our colleague Oana Bucsa talked about the impact of algorithms on competition in the newest PeliPartners analysis.

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Urbanism Code Draft: New Rules for Initiating Zonal Urban Plans (PUZs) by Private Investors

Our colleague Ioana Waszkiewicz has analysed the proposed procedure for initiating zonal urban plans (PUZs) by private investors, whether individuals or legal entities. The procedure is subject to a major reform in the draft Urbanism Code currently under parliamentary debate.

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The draft Urbanism Code – the Major Reforms regarding the Building Permits Require Legislative Accuracy

The proposed reforms regarding the Code of land planning, urbanism, and constructions – the Urbanism Code – are substantial and potentially useful. However, for successfully implementing such reforms, additional legal accuracy is required, according to an analysis by the law firm PeliPartners.

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Key Amendments to the Legal Framework related to the Construction Works for Renewable Energy Projects

Our colleague Madalina Fildan (Senior Associate) analysed the key amendments to the legal framework related to the construction works for renewable energy projects, as per the Constructions Law no. 50/1991 and the Land Law no. 18/1991.

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Key Changes in 2022 on the Legal Conditions for Extending the Validity Period of Building Permits

Our colleague Ioana Waszkiewicz (Senior Associate) looked into the key changes in 2022 on the legal conditions for extending the validity period of building permits, as per the Construction Law no. 50/1991.

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Three 2022 Key Legislative Changes for Companies on Competition Responsibilities

Our colleagues, Oana Bucsa (Senior Associate) and Catalina Burca-Andonie (Associate), tackle the 2022 key legislative changes in a new article on competition law compliance and additional responsibilities for companies.

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PeliPartners Analysis: 2022, Romania and the Opportunity of Investment in Green Energy

Our colleague Madalina Fildan has published in Financial Intelligence a comprehensive analysis on the 2022 Romanian renewable energy market.

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Lessons for 2023

Forbes Romania has invited Francisc Peli to discuss about the lessons learned and the experiences 2022 brought, as well as about the challenges in 2023, as part of the #lecțiipentru2023 programe.

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PeliPartners Assisted Forte Partners Group in the Sale of U Center 1 to Pavăl Holding

PeliPartners assisted Forte Partners Group in the sale of U Center 1, one of the most important real estate transactions of 2022 in Romania, towards Pavăl Holding, the investment vehicle owned by Dedeman's founders.

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The Ultimate Beneficial Owner – Between Business and the Legal Constrains

Our colleagues Carmen Peli and Adelina Iordache explain the rules regarding the identification of the beneficial owner which are meant to help prevent and fight against money laundering and terrorism financing, in an opinion article published by Ziarul Financiar.

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PeliPartners Lawyers on Competition Rules in Sustainability-Related Projects

Our colleagues Oana Bucsa and Veronica Bulmez explained why competition rules should be considered even when we talk about sustainability-related projects.

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Squeeze-out of Dormant Shareholders

Founding shareholders should consider squeeze-out mechanisms from the set-up of the company, in order to prevent further activity deadlock situations, explain PeliPartners lawyers Carmen Peli, Partner and Head of Corporate M&A, and Adelina Iordache, Corporate M&A Associate.

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PeliPartners Assisted WDP in the Acquisition of Arad Business Park

PeliPartners assisted WDP in the acquisition of Arad Business Park, with an area of 42,000 sqm logistics centre in Arad, in a business transfer deal. The law firm provided legal assistance throughout the entire process, including in the due diligence analysis and in the negotiation and execution of the transaction documents.

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PeliPartners Assisted GTC in the Sale of Cascade Office Building to Crown Holding

PeliPartners assisted GTC, one of the leading commercial real estate companies in CEE region developing high standard, modern office and retails properties, in the process of selling the A-class Cascade Office Building, one of the landmark office buildings in central Bucharest, previously acquired by GTC in 2017. The divestment was implemented through a share deal concluded with Hungarian Crown Holding Kft., a real estate investment company active on the Hungarian and Romanian real estate market.

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Office with a View

Our Managing Partner Francisc Peli talks about the importance of the office for the wellbeing of a team spending many hours together and the influence of the view on the efficiency and inspiration of the lawyers.

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Urbanism in Bucharest – Three Legal Points

Our colleague Oana Badarau points out three legal aspects to be considered in the context of the recent statements of the Mayor of Bucharest Nicusor Dan in an interview with HotNews. He states that the reason none of the Zonal Urban Plans (PUZ) promoted by investors have been submitted for debate with the General Council is to protect public interest.

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Carmen Peli at ZF Bankers Summit 2022

Carmen Peli was a speaker at the 11th edition of ZF Bankers Summit, discussing about banking institutions facing a new challenge: the explosive rise of prices for raw materials, inflation increase, booming interest rates, major economical tensions, stressed business and higher risks.

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PeliPartners assisted UNSAR in annulment of RCC sanctioning decision

PeliPartners assisted UNSAR, the National Association of Insurance and Reinsurance Companies in Romania, in the court proceedings resulting in the annulment of the decision of Romanian Competition Council sanctioning the association for an alleged participation as facilitator in a concerted practice on the insurance market.

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PeliPartners assisted Portland Trust in the sale of Expo Business Park to S Immo

PeliPartners assisted Portland Trust, the investment fund having ARES Management and Bluehouse as equity partners, in the process of selling the Expo Business Park to S Immo. The divestment of the office buildings complex summing 41,500 square meters leasable area was completed at the end of May.

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Prospects for the Romanian Real Estate Market

Our colleague, Francisc Peli, presents the latest evolution and prospects for the Romanian real estate market, with a glimpse of the extended regional framework.

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Regulations Regarding Energy Storage Are Essential, Even for the Incipient Projects

Our colleague, Madalina Fildan, talked in an interview for Ziarul Financiar about the difficulties faced by the renewable energy sector in Romania, and explained what solutions the energy field may have to properly develop in our country.

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Crowdfunding Requires Internal Regulation in Romania to Become Available

Our colleague, Andreea Carare, explains the legal difficulties that the investors and businesses looking for financing may face and how they may be handled.

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Dealing with Issues Regarding Bucharest Building Permits. Material Adverse Effect on Business

The suspension of several Zonal Urban Plans in Bucharest has had a major impact on new developments. Our colleague, Oana Badarau, has identified three possible solutions to solve building permitting in Bucharest.

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PeliPartners Advises Anchor Grup on Receiving EUR 80 Million Loan from Banca Transilvania

PeliPartners has advised Anchor Grup, a company specialized in retail, residential, and office developments, active since 1997 in real estate development in Eastern Europe, on receiving an EUR 80 million loan from Banca Transilvania.

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Relocation of Activity – The Path from Fleeing the War to Saving Your Business

Food for thought: Our colleague Adelina Iordache points out some of the challenges companies might face when relocating an Ukrainian business to Romania.

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PeliPartners assisted Portland Trust in relation to the Sale of the Largest Photovoltaic Park under Development in Romania

PeliPartners assisted Portland Trust in the sale process of the largest park of photovoltaic panels under development in Romania, with an authorised production capacity of over 153 MW and an estimated total area of over 165 ha, located in Rătești, Argeș County, to Econergy and Nofar Energy. The process is structured as a share deal transaction, and the closing is envisaged to occur by the end of October 2021.

„We are very much looking forward to working with Econergy and Nofar Energy to bring this project to fruition and make a significant contribution to renewable energy generation in Romania” said Timothy Duffill, the representative of Portland Trust.

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PeliPartners Assisted Scallier with the Acquisition of a New Retail Park in Timișoara

PeliPartners assisted the Polish developer Scallier with respect to the acquisition of a retail project in Timisoara by means of a business transfer from Oasis group, to be further operated under the brand "FunShop Park".

"We are glad that we were involved in this transaction and that we are assisting Scallier with the extension of its retail parks portfolio in Romania. The retail sector is constantly growing and developing.” said Francisc Peli, Managing Partner at PeliPartners.

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PeliPartners assisted Skanska in the Sale of Campus 6.2 and Campus 6.3 Office Buildings to S IMMO in a Transaction of EUR 97 Million

PeliPartners assisted Skanska in the process of selling the office buildings 6.2 and 6.3 in Campus 6 Bucharest to S IMMO AG, the Swedish developer's largest transaction on the local market, amounting to EUR 97 million.

The sale agreement for the two 11-storey A Class buildings with a total area of 38,000 square meters was signed in December 2020, but the deal was closed in June 2021.

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PeliPartners contributes the Romanian chapter to the international Merger Filing Guide at Mergerfiles.com

The Romanian chapter of Mergerfilers.com provides an up-to-date merger control guide covering the 50 most central topics. Mergerfilers.com provides an up-to-date merger control guide, including a "traffic light system" indicating any pending changes of regulations.

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PeliPartners Assisted Skanska in the Sale of Two More Buildings within the Campus 6 Complex in Bucharest, in a 97 Million Euros Transaction

PeliPartners assisted the Swedish real estate developer Skanska in the sale of buildings 6.2 and 6.3 within the Campus 6 office complex near the Bucharest Polytechnic, to the Austrian real estate fund S Immo AG, in a EUR 97 million transaction. Campus 6.2 and 6.3 have an aggregate leasable area of approximately 38,000 sqm.

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PeliPartners Assisted Jupiter Group in the Sale of Jupiter City Shopping Center to Supernova

PeliPartners assisted Jupiter Group, an international developer, active on the Romanian real estate market for over a decade, in the sale to Supernova Group, an Austrian private real estate company, focused on the CEE retail sector, of Jupiter City Shopping Center, by way of a business transfer. Opened in 2008, Jupiter City Shopping Center is a landmark retail center in Pitesti, having a gross leasable area of approx. 45,000 sq. m, developed on over 17 hectares.

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New Regulations on Remote Working and Personnel Scheduling

On 6 November 2020, two new regulations impacting employment relationships in the context of the state of alert were published in the Official Gazette: Government Emergency Ordinance no. 192/2020 amending and supplementing Law no. 55/2020 on certain measures for preventing and combating the effects of the COVID-19 pandemic, as well as for amending letter a) of article 7 of Law no. 81/2018 on the regulation of teleworking (“GEO 192/2020”); and Government Decision no. 935/2020 on amending and supplementing annexes no. 2 and 3 to Government Decision no. 856/2020 on the extension of the state of alert on the Romanian territory starting with 15 October 2020, as well as for establishing the applicable measures for preventing and combating the effects of the COVID-19 pandemic during the state of alert period (“GD 935/2020”).

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New Rules for Online Intermediation Services

On 12 July 2020 a new piece of legislation came into force, respectively Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (Regulation 2019/1150). The aim of the Regulation is to ensure the fair and transparent treatment of business users by online platforms.

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Legal Alert - Changes regarding the Fire and Civil Protection Endorsements and Permits

New rules regarding the issuance of fire and civil protection endorsements and permits will be applicable from 7 June 2020. The new provisions were enacted under Order no. 66/2020 of the Ministry of Internal Affairs, published in Official Gazette no. 370 of 8 May 2020, which amends the Methodological norms regarding the fire and civil protection endorsements and permits, approved by Order no. 129/2016 of the Ministry of Internal Affairs. The amendments will enter into force 30 days after the order is published with the Official Gazette.

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Pricing Algorithms

Companies are increasingly using algorithms to improve their price structures, to size their production or distribution at market demand or to forecast its trends. Their use often occurs in markets where:

• the costs of providing services to consumers vary considerably (for example, in terms of loans or insurance),

• demand fluctuates much faster than the supply (for example, for hotel or ridesharing services), or

• companies have a wide range of products for which they need to determine prices, and price algorithms bring significant cost advantages (for example, in retail).

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Rescue and Restructuring Aid for Companies in Financial Difficulty: Case Studies

Two recent decisions announced by the European Commission on February 24, place Romania in the position to recover over EUR 583 million plus interest as incompatible state aid granted to CFR Marfa, respectively to the National Uranium Company.

The European Commission found that the railway transport operator CFR Marfă received at least EUR 570 million incompatible state aid from Romania, through a debt write-off and failure to collect debts from the company.

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Key Takeaways in Terms of Competition Law Enforcement in 2019

The Competition Council has launched in February 2020 the report on its activity during 2019. From the perspective of the investigations carried out, the data show that the authority had important interventions in the market, respectively 14 investigations finalized with the application of fines totalling EUR 20.3 million, 9 other newly initiated investigations regarding violations of competition law and a total of 32 ongoing investigations into potential anti-competitive conducts at the end of 2019.

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Pay for Delay: New Ruling of the Court of Justice of the European Union Related to Patent Settlement Agreements

On 30 January 2020, the Court of Justice of the European Union issued a decision with respect to a request for a preliminary ruling by the Competition Appeal Tribunal of the United Kingdom, which was to examine the legality of a sanctioning decision taken against several generic drug manufacturers and the pharmaceutical group GlaxoSmithKline in connection with amicable settlement of patent disputes.

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Competition Rules for Participation in Tenders

Public tenders are continuously scrutinized by the Romanian Competition Council. Since the beginning of 2020, the authority announced that it has finalized two investigations concerning bid rigging on the market for the acquisition of road signs, respectively on the market for acquisition of security services.

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Private Enforcement of Competition Law: What’s New?

While the difficulties in bringing an action for private damages in front of national courts remain substantial, the judgement of the Court of Justice of the European Union in Case C-435/18 Otis and Others v Land Oberösterreich and Others sheds some light by establishing that persons not operating as suppliers or as customers on the market affected by a cartel may still request compensation for loss caused by that cartel.

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The Interplay Between Competition Law, GDPR and Consumer Law

The rise of the digital economy has generated difficulties for enforcers in identifying the regulatory path which should be followed in cases such as those related to unfair terms imposed to online users.

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New Amendments to Construction Laws

On 6 January 2020, the Romanian president promulgated a new Law no. 7/2020 amending Law no. 50/1991 on authorization of construction works “Law 50” and Law no. 10/1995 on quality in construction “Law 10”. The new law will enter into force after publication with the Official Gazette of Romania. The main amendments are briefly presented below

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PeliPartners Acting for Mitiska REIM in the Refinancing of the Intercora Retail Portfolio

This year, FRI has secured a EUR 27mln facility from Erste Group AG for refinancing the Intercora portfolio, comprising 7 retail parks, acquired in 2007. PeliPartners was the legal consultant of Mitiska REIM in this project.

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Amendments to Urbanism Law

On 29 July 2019, Law no. 151/2019 (“Law 151/2019”) for amending and supplementing Law no. 350/2001 on land planning and urbanism (“Law 350/2001”) entered into force. The amendments included in Law 151/2019 refer mainly to the regime and protection of informal establishments (in Romanian “asezari informale”) which are usually located in the outskirts of urban or rural localities, comprised of improvised dwellings made of recovered materials and / or dwellings made from conventional construction materials.

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New Legislation on Prevention and Control of Money Laundering and Terrorist Financing

On 18 July 2019 a new piece of legislation regarding the prevention and control of money laundering and terrorist financing was enacted, namely Law no. 129/2019 published in the Romanian Official Gazette no. 589 on 18 July 2019, which has recalled Law no. 656/2002 regarding the prevention and sanctioning of money laundering and terrorist financing.

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PeliPartners Assisted AFI Europe in Signing the Pre-Sale Agreement for the Acquisition of the Majority Stake Holding in Casa Radio

PeliPartners assisted AFI Europe, a leading real estate development and investment company in Central and Eastern Europe and a prominent player on the Romanian market, in the negotiation and signing of the pre-sale agreement for the acquisition of 75% of the participation in the project company developing “Casa Radio”, a public-private partnership, from a company controlled by Plaza Centers NV.

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First Fine in Romania in Application of GDPR

The National Supervisory Authority For Personal Data Processing has announced on 4 July 2019 the issuance of the first fine in the application of Regulation (EU) 2016/679 of European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

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Change in Law 10/1995

On 7 May 2019, the President promulgated Law no. 97/2019 for amending and supplementing Law no. 10/1995 on quality in construction. The law will come into force three days after publication with the Official Gazette. The declared purpose of the new Law is to cover a legislative gap allowing buildings which were unfit for dwelling purposes to be placed on the real estate market. The new Law provides that investors and building owners may allow the use of a building (new or refurbished) only after the reception upon completion of works. The previous form of Law no. 10/1995 required that owners allow the use of a building after reception upon completion of works is performed and proper permitting is secured. This obligation continues to be in force.

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