European Funds Litigation

For more than a decade, our lawyers have developed a solid practice with regard to EU funding litigation, providing legal representation in preliminary procedures, in court or in criminal procedures associated with private companies as well as with administrative units.

The sound and detailed competences of our lawyers in the European Law area recommends the firm as a reliable partner whether necessary for providing legal advice with regard to the preparation, contracting and implementation of projects financed from European funds or providing counsel and representation concerning various litigation hypothesis in connection with European funds (e.g. unjustified withdrawal of financial support by the Agricultural Payments and Intervention Agency).

Taking into account the broad experience of our lawyers in this particular area, who have had clients from private-law legal entities to public authorities, Costaș, Negru & Asociații may assist you in legal aspects such as:

– counsel with regard to preparation of the applications for financing – aspects regarding the contracts which are to be signed, the procedures that need to be followed, etc.;

– advice concerning the financing contract and other documents signed with the management authority and other notifications or correspondence with the management authority, as well as the legal and tax consequences of these documents;

– assistance with regard to organizing the tender procedure (public or private beneficiaries) of works, supply or services contracts financed from European funds within the project;

– legal counsel regarding the negotiation, signing and implementing the works, supply or services contracts financed from European funds within the project;

– litigation with the management authorities concerning the implementation of projects financed from European funds, including liabilty undertaken by the beneficiaries when signing the above-mentioned contracts;

– litigation with the Audit Authority regarding spending of the non-refundable sums granted from European funds or the qualification of some particular expenses made while implementing the European financed projects as ineligible.

In this field, the lawyers at Costaș, Negru & Asociații, working together with Pelinari & Pelinari – SCA (Bucharest) successfully represented Compania de Apă Arad SA in a number of cases before the High Court of Cassation and Justice.