Țuca Zbârcea & Asociații | NEWS & EVENTS
12 September 2012

Țuca Zbârcea & Asociații Obtains Irrevocable Ruling in High-Profile Public Procurement Dispute with a Public Water Supply and Sewerage Company

Țuca Zbârcea & Asociații acted for Passavant Roediger GmbH in challenging the award of a EUR 11 million works contract for the rehabilitation of Roman treatment plant located in the north-western part of Romania.

In an irrevocable decision obtained by Țuca Zbârcea & Asociații, the Bacău Court of Appeal approved the complaint filed by Passavant Roediger GmbH challenging the award of a works contract amounting to EUR 11 million (over RON 50 million, VAT included), as part of a public procurement procedure conducted by a public water supply and sewerage company, Compania Județeană Apa Serv Neamț SA.

Țuca Zbârcea & Asociații fielded a team of lawyers consisting of Ionuț Șerban, Partner and Dan Cristea, Senior Associate who have acted on behalf of Passavant Roediger GmbH.

“The case at hand involved intricate issues of public procurement law from both a procedural and material law perspective. It also required an extensive analysis of the jurisprudence of the European Court of Justice in order to clarify key elements in solving the case”, stated Ionuț Șerban, a Litigation Partner at Țuca Zbârcea & Asociații.

The ruling obtained in front of the Bacău Court of Appeal cancels a previous decision of the National Council for Solving Complaints (CNSC) whereby the awarding of the works contract to Passavant Roediger had been cancelled; the following step is the execution of the contract between Compania Județeană Apa Serv SA Neamț and the German company.

The judgment of Bacău Court of Appeal is irrevocable.

Țuca Zbârcea & Asociații’s dispute resolution practice has been consistently ranked first by reputed publications, such as Legal 500. The firm’s litigation and arbitration practice group, comprising 40 lawyers, is one of largest in the country, advising on complex and high-profile matters, including civil, commercial and corporate issues, joint ventures and related business disputes, IP (including patent, trademark, copyright, trade secret and unfair competition cases), banking and finance, tax issues, bankruptcy/liquidation and insolvency, insurance, labor, administrative law, maritime, real estate, criminal law (especially white collar crimes), enforcement of domestic and foreign judgments and arbitral awards, governmental investigation, etc.

The group is also highly experienced in dealing with arbitration matters in front of international or domestic courts of arbitration as regards complex commercial and public law disputes. The team has an in-depth working knowledge of various arbitration procedural rules, such as Rules of Arbitration of the Court of International Arbitration of the Chamber of Commerce and Industry of Romania, ICC, UNCITRAL and ICSID.

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