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COVID-19 Legal Insights
 
 
 
COVID-19 Legal Insights
COVID-19 Legal Insights is our response to the COVID-19 outbreak. We shall keep you informed on the various legal challenges posed by the coronavirus, thanks to a dedicated practice group comprising lawyers with different backgrounds, such as compliance/regulatory, corporate and commercial, insurance, labour and employment, litigation and arbitration, insolvency, public procurement, data privacy, tax and customs. In addition, our taskforce offers strategic advice on crisis-specific matters: corporate restructuring, review and (re)negotiation of agreements (including collective bargaining agreements and individual employment contracts), performance of the contracts which are affected by force majeure and hardship, unblocking pre-litigation relationships, etc.
COVID-19 Legal Insights is our response to the COVID-19 outbreak. We shall keep you informed on the various legal challenges posed by the coronavirus, thanks to a dedicated practice group comprising lawyers with different backgrounds, such as compliance/regulatory, corporate and commercial, insurance, labour and employment, litigation and arbitration, insolvency, public procurement, data privacy, tax and customs. In addition, our taskforce offers strategic advice on crisis-specific matters: corporate restructuring, review and (re)negotiation of agreements (including collective bargaining agreements and individual employment contracts), performance of the contracts which are affected by force majeure and hardship, unblocking pre-litigation relationships, etc.
By the Military Ordinance No. 8/2020, a series of restrictive measures were taken in the context of the coronavirus outbreak, among which most is the ban/suspension of exports from Romania of the types of agri-food products provided in Annex 2 (the "Agri-Food Products"). Relevant highlights: Temporary ban/suspension of the export from Romania of Agri-Food Products, in the context of the Military Ordinance No. 8 of 9 April 2020 What is the fate of contracts executed before the Military Ordinance No. 8 of 9 April 2020, in the context where the obligations can no longer be performed due to the ban/suspension of exports? Future possible measures of requisition To read the entire legal insight, please download the .pdf attached (English and Romanian).
Legal implications of the export restrictions brought by the Military Ordinance No. 8/2020 (16 April)
 

By the Military Ordinance No. 8/2020, a series of restrictive measures were taken in the context of the coronavirus outbreak, among which most is the ban/suspension of exports from Romania of the types of agri-food products provided in Annex 2 (the "Agri-Food Products").

Relevant highlights:

  • Temporary ban/suspension of the export from Romania of Agri-Food Products, in the context of the Military Ordinance No. 8 of 9 April 2020
  • What is the fate of contracts executed before the Military Ordinance No. 8 of 9 April 2020, in the context where the obligations can no longer be performed due to the ban/suspension of exports?
  • Future possible measures of requisition

To read the entire legal insight, please download the .pdf attached (English and Romanian).

This document contains a summary of the main provisions of Article X of Government Emergency Ordinance No. 29/2020 ("GEO No. 29/2020") setting forth certain support measures in the performance of certain commercial agreements. GEO No. 29/2020 was published on 21 March 2020 and became effective on the same date. Who are the beneficiaries? Deferment of payment for utilities and rent The parties have the obligation to negotiate Where renegotiation fails, force majeure may be claimed Is Article X a more restrictive regulation compared to the Civil Code in matters of force majeure? Exemption from payment of penalties To read the entire legal insight, please download the .pdf attached (English and Romanian).
Relief in the performance of ongoing agreements (23 March)
 

This document contains a summary of the main provisions of Article X of Government Emergency Ordinance No. 29/2020 ("GEO No. 29/2020") setting forth certain support measures in the performance of certain commercial agreements. GEO No. 29/2020 was published on 21 March 2020 and became effective on the same date.

  • Who are the beneficiaries?
  • Deferment of payment for utilities and rent
  • The parties have the obligation to negotiate
  • Where renegotiation fails, force majeure may be claimed
  • Is Article X a more restrictive regulation compared to the Civil Code in matters of force majeure?
  • Exemption from payment of penalties

To read the entire legal insight, please download the .pdf attached (English and Romanian).

The situation brought about by the spread of COVID-19 has the potential to become serious enough for it to be considered, on a case-by-case basis, a force majeure event (i.e. an external, unpredictable, unpreventable and impossible to overcome type of event, which affects existing contracts). The parties to an agreement may contractually limit or extend the circumstances giving rise to force majeure. Depending on the factual situation, parties can be freed from liability even under circumstances which, despite not passing the unforeseeability test, nor the irresistibility one, constitute real obstacles in the performance of contractual obligations, with neither party being at fault, such as the case of restrictive measures imposed by competent state authorities (for example, a restriction on transports). To read the entire legal insight, please download the .pdf attached (English and Romanian).
What are the legal effects of the COVID-19 epidemic on the performance of contracts? (19 March)
 

The situation brought about by the spread of COVID-19 has the potential to become serious enough for it to be considered, on a case-by-case basis, a force majeure event (i.e. an external, unpredictable, unpreventable and impossible to overcome type of event, which affects existing contracts).

The parties to an agreement may contractually limit or extend the circumstances giving rise to force majeure.

Depending on the factual situation, parties can be freed from liability even under circumstances which, despite not passing the unforeseeability test, nor the irresistibility one, constitute real obstacles in the performance of contractual obligations, with neither party being at fault, such as the case of restrictive measures imposed by competent state authorities (for example, a restriction on transports).

To read the entire legal insight, please download the .pdf attached (English and Romanian).



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