PPP Research Center

Ratiu & Ratiu

 

vision

We, the attorneys at RATIU & RATIU, believe that providing legal services means much more than finding the correct answer to one’s problem. It’s about understanding strategy and limits, working under time pressure, and using your creativity to deliver a brilliant idea. It’s about creating value.

This is why we are never going to offer standard responses. Instead, we will always look for custom-tailored solutions which meet our clients’ most ambitious objectives and respect their most intricate professional and personal constraints.


mission

Those in need of legal assistance may run into unpleasant surprises at any time, ranging from "industrial-scale" legal services, which are not fine-tuned to the client’s needs, to attorneys who work on low professional standards. With an exceptional academic training and sound professional expertise, our attorneys at RATIU & RATIU provide personalised legal services and comply with the highest professional and ethical standards in order to satisfy the most demanding client expectations.

RATIU & RATIU holds a consistent insurance policy and our efficiency and competence are confirmed by the standard SR EN ISO 9001:2008 certification, issued by TÜV Nord Germany.

 

evolution

Incorporated in 2002 by extending the law practice that Monica Ratiu had formed in 1998, RATIU & RATIU provides a wide range of legal services to national and international companies, as well as to Romanian public institutions.

Due to the continuous professional training and rigorous selection of the staff, RATIU & RATIU has become a top name on the Romanian legal services market.

The four partners at RATIU & RATIU have complementary experience, each benefiting of a solid academic background as well as of an extensive professional practice. In addition to the lawyer practice, they are duly authorised to act as public-private partnership expert, insolvency practitioner, arbitrator, industrial property advisor, mediator, public procurement expert and structural funds expert. Their track record covers a wide range of transactions in fields such as concessions and PPP, public procurement, real estate, finance and banking, telecom, transports, competition, corporate, intellectual property, dispute resolution, restructuring and liquidation.

During the last years, significant investment and acquisition projects and complex court cases have been managed with the legal assistance of RATIU & RATIU  The firm represented public authorities and private investors in some of Romania’s largest infrastructure and urban development transactions, in major competition cases, as well as in high-stake litigation and arbitration dossiers.

 

major projects

public procurement

Legal assistance in connection with the renegotiation of the public works contract for the construction of “Transylvania Motorway”, one of the most important road infrastructure projects of Romania worth EUR 3,500,000,000.

Advising the procurer during the renegotiation of the works and services contract for the maintenance of the Bucharest subway transportation infrastructure, worth EUR 240,000,000.

Technical assistance to the Ministry of European Affairs based on a framework agreement over the period 2011-2013, with a view to enhance the implementation framework of the projects financed through EU Structural Funds by preparing the award documentations and the monitoring methodologies.

finances & banking

Legal advice to one of the largest Romanian construction companies in connection with obtaining a syndicated credit facility for the implementation of a public works contract for the modernisation and rehabilitation of Buzau and Vrancea county and local roads, worth in excess of EUR 100,000,000.

Assistance in achieving financial closing of various privately funded infrastructure projects managed by local authorities across Romania. 

Legal assistance to one of the Holland's largest financial institutions involved in the micro-financing business, providing micro-financing credits to cooperative businesses, farming companies and small and medium-sized enterprises in Romania.

communications, IT & audiovisual

Legal assistance on various electronic communications matters to one of the leading operators of mobile networks in Romania, local subsidiary of one of world’s largest mobile telecommunications groups.

Consultancy to the national regulatory authority for electronic communications of Romania regarding cross-country analysis of spectrum licensing procedures in specific frequency bands in Europe and design of the principles of a model domestic procedure.

Advising the Bucharest Municipality with regard to the public works concession contract for building the „Netcity” metropolitan fiber optic network worth in excess of EUR 200,000,000 EUR.

concessions & public-private partnership

Legal assistance to a French-Greek consortium in connection to the implementation of a public works concession contract worth EUR 4,800,000,000 regarding the building and operating of Comarnic-Brasov Motorway.

Legal advice to the Bucharest Municipality in connection with award, negotiation and/or implementation of public works concession contracts for building underground parking facilities, including “Gara de Nord Underground Parking”, worth in excess of EUR 44,000,000, and “Piata Universitatii Underground Parking”, worth over EUR 13,500,000.

Consultancy to a foreign consortium during the procedure for the conclusion of a public-private partnership concerning rehabilitation and development of Ploiesti West Ringroad, amounting to over EUR 20,000,000.

Consultancy to the Bucharest Municipality in connection with the award of the concession agreement for the design, financing, operation and maintenance of „Bucharest Arena”, worth EUR 50,000,000.

competition

Legal assistance to one of the largest mobile operators in Romania in a leading competition case in the electronic communications sector regarding an alleged abuse of dominant position, file with a record financial stake in excess of EUR 30,000,000.

Assistance to a national company in a matter regarding the compliance with the competition law (interdiction of the abuse of dominant position), over the tariffs that the company charges on users of its harbour infrastructure.

Advising a leading Romanian telecom operator on various competition matters, including preparation of the notification to the Competition Council of a proposed merger with another major player and defence against a complaint of alleged abuse of dominance brought by a television broadcaster in front of the Competition Council.              

taxation

Advising and representing real estate developers during the preliminary administrative procedure of challenging the decision of the Romanian National Tax Administration Agency following an investigation concerning payment of VAT on real estate transactions.

Advising and representing a subsidiary of the Romanian national railway company specialized in the production, implementation and operation of railway transportation software during the preliminary administrative procedure of challenging the decision of the Romanian National Tax Administration Agency on the method of calculation of labour taxes.

Advising and representing a Romanian tobacco producer during the preliminary administrative procedure and in front of the national courts on challenging the determination of the custom and excise duties by the Romanian National Customs Authority.

real estate, constructions and utilities, project development

Legal assistance to a multinational company operating discount retail supermarket chains in 24 European countries in expanding its operations in the Romanian market, involving land acquisition and conclusion of works contracts to build supermarkets in over 60 locations across Romania.

Legal assistance in the negotiation and implementation of works contracts based on FIDIC models in the development of infrastructure projects carried out by Romanian local authorities.  

Preparation of a study on the compatibility of the FIDIC Conditions of Contract with the Romanian legal system with a special focus on the public procurement and public finance rules, documenting the potential impact of the mandatory use of these Conditions in works contracts concluded by public authorities across Romania.

Legal assistance in the development of residential and office building projects located in the Northern area of Bucharest, worth over EUR 35,000,000 in private capital.

gambling

Assisting the national company organising gambling activities in Romania in legal matters associated to the conclusion, performance and renegotiation of contracts regarding the supply, installation and operation of various technical systems supporting the gambling activities.

environment

Legal assistance to the Ministry of Environment on a constant basis with regard to various project implementation matters under the Sectoral Operational Programme for Environment and to the solving of complaints submitted by recipients of EU funds against corrective measures taken by the Ministry in cases of irregularities.

reorganisation and labour relations

Legal assistance to Romanian public authorities in complex reorganisation procedures involving amendment of the organisational structure and termination or variation of individual labour contracts, as well as representation of the employer in litigations in connection to removal from office or variation of the terms of employment of management personnel.

Consultancy on various labour matters, including reimbursement of amounts paid to employees and enforcement of disciplinary penalties.

corporate, mergers & acquisitions

Legal assistance in merger and acquisition projects to international investment funds, companies operating in the food industry, software, naval constructions, fuel etc.

Day to day legal advice to multinational companies working in various fields – oil, cash and carry, financial etc.

Legal assistance in the takeover of an exclusive distributor of hot water and heating power services operating in a municipality of Romania.

transports

Legal assistance and representation based on multi-annual framework agreements to national companies including Romania’s principal air carrier, the major airports and the Bucharest subway transportation company on various legal matters including the organization of award procedures and preparation of procurement contracts, labour law issues, assistance in court cases etc.

Assistance and legal representation on various matters based on a multi-annual contract of one of the largest private railway operators in Romania specialized in the public railway transportation of merchandise and goods on internal and international routes.

Assistance and legal representation based on a multi-annual contract of the waterways authority in charge of the Romanian Danube sector on a wide range of issues, including organization of tenders to sell assets, award and execution of public contracts, labour relations, dispute resolution etc.

Legal assistance based on a multi-annual contract to the national company in charge with the management of the Danube Harbours on the establishment of fees for harbour services, the concession of land belonging to the public domain etc.

arbitration

Representation of private companies and public entities in internal and international arbitration procedures held in Bucharest, Paris, Vienna or Zürich, under the Rules of Arbitration of the Chamber of Commerce and Industry of Romania or of the International Chamber of Commerce – ICC (Paris).

Representation of the Bucharest Municipality before the Court of Arbitration attached to the International Court of Arbitration of the Chamber of Commerce and Industry of Romania in a dispute of EUR 29,000,000 stake involving commercial claims deriving from a works contract in the historical area of Bucharest.

Representation of the waterways authority in charge of the Romanian Danube sector before the Arbitration Tribunal constituted by the Court of Arbitration attached to ICC Paris in a dispute of EUR 12,500,000 stake involving commercial claims related to the contract for the Rostok shipwreck removal works.

Representation of a governmental body before the Arbitration Tribunal constituted by the Court of Arbitration attached to ICC Paris in a portfolio of arbitral cases of multi-million EUR stake involving commercial claims deriving from Phare-funded infrastructure rehabilitation and construction projects.

litigation & insolvency

Representation of private companies and public entities before Romanian courts of law in high-stake disputes on commercial, civil, tax, administrative and labour matters, including:

  • Successful representation of a state-owned company in a dispute related to the financing of airport works worth in excess of EUR 21,000,000
  • Successful representation of a public institution in a dispute on rights arising from an agricultural lease contract worth over USD 10,000,000
  • Successful rrepresentation of a Romanian tobacco producer during the court procedure on challenging the method employed by the Romanian National Customs Authority to determine the custom and excise duties, a case with a financial stake of EUR 8,000,000
  • Successful rrepresentation of national company organising gambling activities in Romania in a variety of disputes related to the award of procurement contracts, including inter alia a contract for the rebranding of lottery agencies nationwide, worth EUR 28,000,000, and a contract for the provision of an integrated security, monitoring and intervention system for the lottery agencies, worth EUR 11,000,000

Representation of clients in insolvency procedures, including judicial reorganisation, bankruptcy and liquidation.

 

partners

MONICA AMALIA RATIU
managing partner

Monica Ratiu is managing partner of RATIU & RATIU and is coordinating the consultancy department. Having a solid academic background and professional experience acquired in international law firms, Monica Ratiu led the legal team in some of the major investment projects in Romania, including privatisation of state-owned companies, but also implementation of large-scale civil engineering and road, naval, railway and energy infrastructure projects, structured as public procurement, concession contracts or PPP contracts, as the case may be. 

Apart from legal counselling, since 1995 Monica Ratiu has also been constantly teaching at the Law Faculty of the Bucharest University.

In 2007, Monica Ratiu got a Ph.D. in law and become lecturer on Banking Law and Public Finance Law. Also, she graduated from the National Intelligence College in 2012.

Monica Raţiu is a member of the Bucharest Bar Association since 1995. As of 2000, Monica Ratiu is a member of the Public Law Department of the Law Faculty of the Bucharest University.

Monica Ratiu is an authorised public procurement expert, an authorised structural funds expert and authorised public-private partnership expert.

Starting 2011 Monica Ratiu is also editor of the Romanian Public-Private Partnership Law Review.

Relevant publications:

  • “Banking Law”, issued in 2007 by the Publishing House C.H. Beck
  • “Public Finance”, issued in 2009 by the Publishing House C.H. Beck
  • “The public-private partnership law: commentary and annotations”, issued in 2011 by the Publishing House Monitorul Oficial
  • Studies and articles in legal publications in the area of the management of public funds and public assets.

Monica Ratiu speaks English, French and Hungarian.

 

ADRIAN RATIU
managing partner

Adrian Ratiu coordinates the department of RATIU & RATIU dealing with litigation, arbitration and insolvency. He was trained to act as a trial attorney but he is also a business lawyer familiar with the full range of legal issues that public or private entities face on the Romanian market.

As soon as he graduated from the Law Faculty of the Bucharest University in 1990, Adrian Ratiu continued his professional studies in the Strasbourg University, the “Robert Schumann” Law Faculty and obtained an MA degree in Private Law (1991).

In 1996, Adrian Ratiu successfully graduated the commercial law internship organised by the Paris Bar Association and the course regarding "The rule of law, democracy and human rights” organised by the Helsinki Committee in the Netherlands.

From 1998 to 2000, Adrian Ratiu was a Secretary General of the Ministry of National Defence (public servant) and he graduated from the National Defence College in 2000.

Adrian Ratiu has been member of the Bucharest Bar Association since 1992. He has been a full member of the National Union of Insolvency Practitioners since 2002.

Since 2011, Adrian Ratiu has been an arbitrator accepted by the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania and also a mediator authorised by the Council of Mediation.

Adrian Ratiu is an authorised public procurement expert, an authorised structural funds expert and authorised public-private partnership expert.

Starting 2011 Adrian Ratiu is a standing contributor of the Romanian Arbitration Journal, edited by the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania.

Adrian Ratiu speaks English and French.

 

MARILENA ENE
partner

Marilena Ene has been a partner at RATIU & RATIU since 2008, and she is specialised in tax law, intellectual property and real estate. She was also involved in drafting a number of official regulations in the area of SME's and cooperative businesses, electronic communications, as well as in other areas.

Over 2004-2005, Marilena Ene led a pool of legal experts who worked on a PHARE Project providing “Assistance for Writing and Promoting the Regulations and Existing Transfer of Technology to enforce the Legislative, Regulatory, Training and Assistance Framework for the Preparation Strategy, Curricula, Training Aid, and Development of a Training Centre, Romania” for the National Regulatory Authority for Communications.

Marilena Ene is a graduate of the “Postgraduate Program in International Tax Law” (LLM) organised by the Vienna University of Economics and Business and by the Institute for Austrian and International Tax Law.

She has been a member of the Bucharest Bar Association since 2001 and a member of the National Romanian National Chamber of Industrial Property Attorneys since 2003. She is also a mediator authorised by the Council of Mediation.

Marilena Ene is an authorised public procurement expert, an authorised structural funds expert and authorised public-private partnership expert.

Relevant publications:

  • Coordinator of the translation of the volume “2004 UNIDROIT Principles of International Commercial Contracts”, Minerva Publishing House, 2006,
  • Author of the article “Main regulations of the liberalized market for electronic communications”, Romanian Business Law Review, no. 2/2003 and no. 3/2003
  • Author of the article “The Agency Contract in the European Union”, Commercial Law Magazine, no. 11/2001

Marilena Ene speaks English, French and Italian.

 

ALEXANDRINA DOSPINESCU
partner

With a professional experience of over 10 years in law firms and in top positions in public administration authorities in the area of IT & telecom, Alexandrina Dospinescu (Hîrţan) enjoys national and international recognition for her activity in the regulation of the sector of electronic communications in Romania.

From 2001 to 2003, she was Secretary of State at the Ministry of Communications dealing with EU Integration and Foreign Affairs, where she coordinated the integration negotiations with the EU and authored more than 10 legislative acts that transposed EU directives on electronic communications, IT and postal services.

Between 2003 and 2008 Alexandrina Dospinescu was Vice-president of the National Regulatory Authority for Communications, where she implemented key regulations for the development of the telecom market and was also a high-level representative of the Authority in front of the European Commission and peer regulatory bodies from the EU member states.

A member of the Bucharest Bar Association since 2001, Alexandrina Dospinescu specialises in Romanian and Community competition law, and she holds a Postgraduate Diploma in EC Competition Law, awarded by King’s College London, University of London. As a competition lawyer, she assisted key players in the Romanian telecommunications market in major transactions and leading competition cases. At the same time, she specialises in European Law and European institutions, holding a Maîtrise de Droit Européen awarded by l'Université Paris I – Panthéon Sorbonne in 2000.

Alexandrina Dospinescu is an authorised public procurement expert, an authorised structural funds expert and authorised public-private partnership expert.

Alexandrina Dospinescu speaks English and French.

 

areas of expertise

public procurement 

RATIU & RATIU has a wide experience in the area of public procurement, offering specialized advice to private investors and public authorities on all aspects related to the conduct of award procedures and the conclusion of contracts for the acquisition of works, services or products. The expertise of our lawyers is based on a deep understanding of the rules and principles of the Romanian legislation and the European directives in the field of public procurement, matched by the up-to-date knowledge of the decision-making practice of the competent administrative jurisdictions and of the national and European courts of law.

banking & finance

RATIU & RATIU provides assistance both to private investors and public institutions in all aspects related to banking law and public finances, including credit facilities, letters of credit, operations with payment instruments, guarantee instruments, public debt, commitment and use of public funds etc.

communications, IT & audiovisual

By the highest qualifications and experience of our lawyers,  RATIU & RATIU holds a unique positioning on the market for the provision of legal consultancy to public and private entities in the field of electronic communications, IT and audiovisual. RATIU & RATIU provides assistance to companies in the process of authorization and licensing and in a wide variety of specific commercial transactions and ensures client representation in front of the competent authorities from Romania and other EU countries, as well as of the European Commission. Our lawyers prove reliable knowledge of the sector specific regulation at national and EU level, supported by a consistent practical experience acquired in their previous activity in regulatory bodies from the sector.

concessions and public-private partnerships

RATIU & RATIU specialized in all legal aspects related to concessions of goods, works and services, expropriation of land, negotiation of concession and public-private partnership contracts, representing the interests of private investors and public authorities in the preparation of tender documentation, conduct of the award procedures and during the project implementation period. 

competition

RATIU & RATIU offers legal assistance regarding compliance with competition law provisions in a wide variety of transactions and situations, in the day-to-day activity of the companies and in case of opened investigations concerning violation of competition rules. Our lawyers specialise in both national and European competition law, benefiting from excellent academic qualifications and sound knowledge of the practice of Romanian and other European competition authorities, as well as of the relevant case-law. 

constructions and utilities, real estate, project development

RATIU & RATIU offers consultancy to Romanian and foreign investors in the sale/purchase of real estate properties in Romania, financing arrangements, as well as negotiation of design and execution contracts, including on the basis of FIDIC rules.

corporate, mergers & acquisitions

RATIU & RATIU provides specialized assistance to Romanian and foreign companies from their incorporation, i.e. formation and registration of companies, branches, subsidiaries and places of business, throughout their entire business activity in Romania, as well as during their dissolution and liquidation procedures, and in their interactions with the Office of the Trade Registry and other competent public authorities. Our lawyers have acquired a solid experience in dealing with local or international investors that want to either buy a Romanian business or merge with one.

environment

RATIU & RATIU offers legal consultancy and assistance regarding compliance with environmental protection rules in the day-to-day activity of companies, in the proceedings before competent bodies and in connection with various aspects related to the impact of environmental regulations on projects that involve public or private investments and public-private partnerships. 

gambling

RATIU & RATIU offers specialized consultancy to companies present on the gambling market in Romania on legal issues related to their current activity or diversification of their services portfolio and to Romanian or foreign investors interested to enter this market in full expansion. 

intellectual property

RATIU & RATIU offers legal assistance regarding the protection of copyrights, patenting inventions, registration of trademarks, geographical indications and industrial models and drawings, client representation in the disputes concerning intellectual property rights before the State Office for Inventions and Trademarks and the competent courts of law and assistance in the commercial transactions involving such rights. 

RATIU & RATIU benefits from the expertise of an industrial property advisor authorized by the State Office for Inventions and Trademarks for the areas of patents, trademarks, geographical indications, industrial models and drawings and topography of integrated circuits. 

litigation, arbitration, mediation and bankruptcy

RATIU & RATIU has a vast experience in the representation of private companies and public authorities in commercial, civil, administrative and labour disputes, in insolvency procedures, in various administrative procedures, in mediation and local or international arbitration procedures.

In addition, RATIU & RATIU provides specialized services in the area of insolvency through the Individual Office managed by Adrian Ratiu, in matters involving reorganisation, bankruptcy and liquidation. 

reorganisation and labour relations 

RATIU & RATIU provides assistance on any aspects related to the conclusion, execution and termination of collective and individual labour agreements, restructuring and reorganization procedures, represents and counsels the employer on various issues related to the hired staff, including disciplinary actions, dismissals and termination of labour agreements, compensatory payments and the relations with trade unions. 

taxation

The legal consultancy services in the area of taxation offered by RATIU & RATIU are addressed to individuals and companies resident in Romania, as well as to those intending to establish their residence in Romania. With a strong expertise in European and international fiscal law, including accounting regulations, transfer prices and relevant case law of the European Court of Justice, the lawyers of our company specialized in this field offer legal assistance in all the aspects related to the determination of taxes in Romania. 

Based on an established cooperation with reputed international fiscal consultancy companies, we are also offering investment fiscal planning services with a view to maximize traders’ profit by avoiding double taxation in case of carrying out economic activities in more than one state. 

transports

RATIU & RATIU provides legal assistance to companies in the field of air, maritime, river, railway and road transports on issues specific to the transportation activity and related activities, including the drawing up and negotiation of different types of contracts, the accomplishment of mandatory formalities before the competent bodies and representation in disputes. Our consultancy services are addressed to private companies – ship-owners, carriers and their associations – as well as to state-owned companies with activities in the field of transports or related areas – navigation, management of harbour and airport infrastructures. 

 

fees

Our firm’s policy regarding fees is flexible and open to negotiations. Based on the experience that we have acquired with clients, we have designed a number of options whereby we provide clients with a possibility to choose the most convenient financial arrangements.

The fees charged by RATIU & RATIU are in principle calculated on the basis on hourly rates which are negotiable under certain circumstances. Clients buying subscriptions to legal assistance services that cover a minimum number of hours per month benefit from significant discounts.

For legal assistance in major projects or representation in front of the Romanian courts of law or in arbitration procedures in high-stake cases, different charging systems and/or success fees may be agreed with the clients.

 

contact

20 Roma Street, District 1, Bucharest
Phone: (+ 4 021) 230.01.71-74
Fax: (+ 4 021) 230.01.75
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
www.ratiu.ro