The Legal 500

Nestor Nestor Diculescu Kingston Petersen

BUCHAREST BUSINESS PARK, ENTRANCE A, 4TH FLOOR, 1A BUCURESTI-PLOIESTI NATIONAL ROAD, 1ST DISTRICT, 013681 BUCHAREST, ROMANIA
Tel:
Work +40 21 201 1200
Fax:
Fax +40 21 201 1210
Web:
www.nndkp.ro
Email:
Timisoara, Craiova, Cluj-Napoca, Bucharest, Brasov

Romania : Banking, finance and capital markets

Within Banking, finance and capital markets, Nestor Nestor Diculescu Kingston Petersen is a first tier firm,

Nestor Nestor Diculescu Kingston Petersen’s ‘very professional team’ is praised for its ‘high level of understanding’ of the banking sector. It recently acted for a syndicate of banks, including Société Générale and UniCredit Bank Austria, on a €40m facility increase for AD Pharma, and advised borrower Bucuresti Turism on obtaining a €71.5m refinancing from Raiffeisen Bank for the renovation of the Radisson Blu hotel. On the capital markets side, the group recently acted for a consortium of intermediaries in Transelectrica’s secondary public offering. Alina Radu and the ‘knowledgeable’ Manuela Nestor are recommended. Capital markets practitioner Cristina Reichmann joined CMS.

Romania : Corporate and M&A

Within Corporate and M&A, Nestor Nestor Diculescu Kingston Petersen is a first tier firm,

Nestor Nestor Diculescu Kingston Petersen’s ‘elite’ corporate team provides ‘top-level performance in terms of speed and quality’. In 2012, it acted for Roman Copper on the privatisation of Cupru Min, and assisted Ford Motor Company with corporate restructuring undertaken in order to acquire the car factory, Automobile Craiova. Gabriela Cacerea, Ruxandra Bologa, Adina Chilim-Dumitriu and practice head Adriana Gaspar are the partners.

Romania : Dispute resolution

Within Dispute resolution, Nestor Nestor Diculescu Kingston Petersen is a first tier firm,

Nestor Nestor Diculescu Kingston Petersen’s ‘very experienced’ five-partner practice handles contentious matters in a variety of sectors, including real estate. The group recently acted for Alpha Bank in a €36m dispute relating to non-fulfilment of contractual obligations, and is representing Bucharest Municipality in a case regarding the ownership rights to Mogosoaia Palace and Bordey Park. Arbitration matters included acting as co-counsel alongside Freshfields Bruckhaus Deringer LLP to defend the Ministry of Public Finance against claims brought by foreign investors in the European Drinks Group. Ana Diculescu-Sova heads the practice, and Simona Neagu is ‘hardworking and proactive in finding solutions’.

Romania : Energy and natural resources

Within Energy and natural resources, Nestor Nestor Diculescu Kingston Petersen is a first tier firm,

Nestor Nestor Diculescu Kingston Petersen has ‘one of the most experienced’ energy practices in Romania, which encompasses the full range of energy and natural resources matters. Mandates included advising an oil and gas company on offshore petroleum exploration, and assisting Chinese parties with the acquisition of 50MW photovoltaic power plants. Other clients include GDF Suez Energy Romania and Polyus Gold International. Gabriela Cacerea co-heads the practice alongside the ‘very experienced and reliable’ Ruxandra Bologa.

Romania : IT, telecoms and media

Within IT, telecoms and media, Nestor Nestor Diculescu Kingston Petersen is a first tier firm,

Nestor Nestor Diculescu Kingston Petersen assisted Orange during ANCOM’s tender process to bid for the rights to use certain radio frequencies, and recently advised an international automotive manufacturer on the implementation of eCall devices. Other clients include Microsoft Romania, Nokia Romania and Level 3 Communications. Adina Chilim-Dumitriu is the practice head.

Romania : Public private partnership and procurement

Within Public private partnership and procurement, Nestor Nestor Diculescu Kingston Petersen is a first tier firm,

Nestor Nestor Diculescu Kingston Petersen advised a consortium including FCC Construcción and Alpine Bau on its participation in four public tenders before the Romanian National Railways Company relating to the development of railway infrastructure. Other mandates included assisting Bechtel with renegotiating its contracts with the state regarding the development of a 400km motorway between Brasov and Bors. Adriana Ioana Gaspar and Adina Chilim-Dumitriu jointly lead the practice.

Romania : Real estate and construction

Within Real estate and construction, Nestor Nestor Diculescu Kingston Petersen is a first tier firm,

Nestor Nestor Diculescu Kingston Petersen’s ‘excellent’ team advised entrepreneur Ovidiu Sandor and his business partners on the sale of a sizeable office complex outside Bucharest to New Europe Property Investments (NEPI), and acted for De’Longhi on its purchase of a Nokia factory and land use rights. The group continues to advise Globe Trade Centre on various matters, including the construction of a 30,000sq m office building. Ioana Niculeasa leads the practice.


Legal Developments by:
Nestor Nestor Diculescu Kingston Petersen

  • Tax Flash No. 15/2012

    Law 148/2012 regarding the registration of the commercial operations through electronically means was published in Official Gazette 509/201
    - Nestor Nestor Diculescu Kingston Petersen

Legal Developments in Romania

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Romania: Wind of change on the Romanian renewable energy market - part II

    In the Legal Insights edition of 18 March 2013, we presented the potential changes to the Romanian renewable energy scheme, resulting from an unofficial working draft Government Emergency Ordinance (GEO) circulated on the market. This Tuesday (2 April 2013), a draft Government Emergency Ordinance on the amendment of Law no. 220/2008 was officially published on the website of the Ministry of Economy. The public is invited to submit comment within the next 30 days, to the e-mail address dezbateri_publice@minind.ro .
  • Romania: Wind of change on the Romanian renewable energy market

    Romania seems to be one of the most attractive CEE jurisdictions for renewable energy investments, due to the generous support scheme which generated increasing enthusiasm over the past few years. Implemented in 2005, the support scheme for renewable energy (RES) consisting of tradable green certificates (GCs) combined with mandatory acquisition quotas was improved in 2008 and subsequently in 2010, but was only applicable as of mid-2011, upon state aid clearance from the European Commission (EC).
  • How can the Romanian Constitution be revised

    Although its stability over time represents the essence of the Romanian Constitution (the “Constitution”) and of any constitution, such fundamental law within the Romanian legal system should at the same time, at any moment, represent both a frame of reference for the Romanian social, political and economical life and a reflection of such. Given the accelerated changes within the society, in order for the Constitution to be brought in line with the overall social, political and economical evolution and perspectives, a procedure for its revision and also the limitations in what regards the possibility for the Constitution to be revised are established by this fundamental law itself. .
  • Romania: New financial and fiscal legislative amendments

    Government emergency ordinance no. 8/2013 for the amendment and supplementation of Law no. 571/2003 regarding the Fiscal Code and the regulation of certain financial and fiscal measures (published in the Official Gazette no. 54/23.01.2013) enters into force starting from 1 February 2013. GEO 8 introduces a number of important amendments and supplementa-tions in the fiscal legislation. We shall further present some of the amendments related to di-rect taxation, respectively to social insurance.
  • COMMITMENTS PROCEDURE IN ANTITRUST CASES BEFORE THE ROMANIAN COMPETITION COUNCIL

    1. Background The Romanian Competition Law no. 21/1996 (the " Law ") has been adopted and amended on various occasions so that it reflects the evolution of the competition law provisions in the EU. On 6 July 2010 the Law has been substantially amended, introducing among other institutions the commitments procedure for anticompetitive practices. Previously, the commitments were available only in merger cases under the form of remedies. The commitments procedure has been detailed in RCC guidelines issued in December 2010 (the " Guidelines "), which have been amended at the end of year 2012.
  • Romania: Proposed new OTC trading arrange-ments for electricity

    Friday (11 January 2013), the Romanian energy market regulator (ANRE) published on its website for public consultation a proposal for a procedure and regulation on OTC electricity trading (the "Proposal"). ANRE has invited stakeholders to submit their comments by 21 January 2013.
  • VAT challenges in 2012; there’s plenty to come

    If the Romanian taxation system were under any sign, it would surely not have been Libra this year. Hence, the unbalanced practice of abrupt or disputed changes to the tax legislation persisted in disregarding the principles set forth in art. 4 of the Romanian Fiscal Code, whereby (i) the code is to be amended solely based on a law, (ii) the amending law must be advocated for, as a rule, six months prior to its entry into force, and (iii) any amendment to the code will enter into force starting the 1st of January following the year it was adopted.
  • The new 2012 Arbitration Rules of the Court of International Commercial Arbitration Court

    Authors: Luminita Popa, Partner Musat & Asociatii, Iulian Popescu, Partner Musat & Asociatii
  • Termination of Distribution Agreements in Romania

    The absence of a contract regulating the duration and termination of a distribution relationship does not necessarily entitle a party to abruptly terminate the agreement without facing financial exposure to the other party. In particular, a reasonable notice period should be given to allow the other party to adapt its business operations.
  • Guarantees under the New Civil Code

    After the New Civil Code entered into force on October 1, 2011, significant amendments were brought to the legal framework regulating the guarantees’ field, either by effective legislative changes to the existing institutions or by introduction of new types of guarantees. The New Civil Code also changed the terminology in the field (e.g. “mortgage” designates both securities over real estate and movable assets, while “pledge” is now referring only to a security interest with dispossession).