VASS Lawyers has secured a victory for an association of three companies -- M.A.R.S.A.T., G.R.I.M.E.X., and Neptun (the "First Association") -- regarding a auction organized by Complexul Energetic Oltenia (CE Oltenia) for the modernization of the Lupoaia excavation facility.
The success follows a four month process involving hearings in three different courts.
In February 2014, M.A.R.S.A.T. -- the leader of the association -- contested the decision of CE Oltenia to invite another association (consisting of Popeci Utilaj Greu, UMR, Dasconsult, Imsat Motru, Proatlas Ing, and Romdata Aq (the "Second Association")) to the final stage of the electronic auction.
VASS Lawyers proved to the National Council for Solving Complaints ("Consiliului National de Solutionare a Contestatiilor” (CNSC)), that the Second Association's proposal was improper and should not have been accepted, as it included, among other aspects, an execution term longer than the one required by the CE Oltenia. As a result, the CNSC cancelled the results of the electronic auction and set it to recommence in 10 days time. The CNSC's decision was challenged by both CE Oltenia and the second association, but the Alba Iulia Court of Appeal rejected both complaints. As a result the April 3, 2014 decision of the CNSC is final and CEO will now sign the contract with the first association, the only admissible offer remaining in the auction procedure.
