European Law. EU Funding Litigation

Costaș, Negru & Asociații pays special attention to European Law as this acquis is mandatory for national courts and authorities after 1 January 2007 and national trials tend to gain an increasing European dimension. Equally, EU funding litigation has multiplied and requires special attention.

Our professional background includes legal services and representation before the Court of Justice of the European Union in cases C-663/11 (Scandic Distilleries), C-424/12 (Fatorie), C-183/14 (Salomie & Oltean), C-201/14 (Bara and others), C-354/14 (Capoda Import-Export) și C-298/16 (Ispas), in all stages of the procedure (drafting of the request for referral to the Court of Justice of the European Union, drafting of memoirs in the written procedure, pleas before the Court of Justice of the European Union).

In our current practice we encourage the prioritary application of European Law over national law. In time, we managed to achieve significant results with regard to the taxes charged for the first registration of a second-har car in Romania (the first judgment of principle obtained before the Tribunal of Arad in 2007), as well as in the field of VAT (the rushed annulment of the registration code for VAT purposes, the exercise of the right of deduction of value-added tax), excise duties (post Scandic Distilleries case-law), customs duties or the free movement of persons within the European Union.

In fact, our field of competence is wider and includes the possibility of drafting and presenting legal opinions in cases with elements of European Law, in particular in areas such as: VAT; excise duties; customs duties; administrative cooperation in tax matters; free movement of goods, services, persons and capital; judicial cooperation in criminal matters.

At the same time, after the entering into force of Government Emergency Ordinance no. 66/2011, 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 / implementation of projects financed from European funds or
  • providing counsel and representation concerning EU funding litigation.

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 / 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 / services contracts financed from European funds within the project;
  • legal counsel regarding the negotiation, signing and implementing the works / supply / services contracts financed from European funds within the project;
  • litigation against 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 / the qualification of some particular expenses made while implementing the European financed projects as ineligible.

The law firm’s practice in this particular area is coordinated by Mr. Cosmin Flavius Costaș, PhD (European Law) and Mr. Bogdan Ioniță (Legal advising and EU funding litigation).