Employers do not always consider the fiscal impact of granting various types of benefits to employees, which subsequently gives rise to disputes with the tax inspection bodies. This is due to the specific legislation in Romania regarding taxation of employee benefits in the form of benefits in kind, which leaves room for interpretation, consequently raising operational enforcement issues.

By means of recent changes to the Energy and Gas Law no. 123/2012 (the “Energy Law”), the operators holding concession over the electricity distribution grid (the “Distribution Operators”) have been compelled to take over the ownership over private electricity distribution grids and related energetic capacities (the “Energetic Capacities”) in specific cases set out thereby. In addition, the amendments to the Regulation for the connection of users to the public interest electricity grids (the ”Connection Regulation”) which will enter into force in January 1, 2021 changed the ownership regime over the Energetic Capacities built for connecting new users (such as power producers), by recognizing the ownership right of such users and their right to sell the capacities to the Distribution Operators.

As a part of European Union (”EU”), Romania regularly updates its legislation to reflect the direction provided by the European legal framework.

Pharmacy Law no. 266/2008 (the “Pharmacy Law”) was recently amended by Law no. 243/2020 approving the Government Ordinance no. 4/2018 amending and supplementing the Pharmacy Law no. 266/2008 which was published in the Official Gazette of Romania no. 1042 (“Law no. 243/2020”). The new amendments entered into force on November 9, 2020.

MPR Partners has helped J. Christof E&P Services S.R.L. and Christof Private Firefighting Services S.R.L. provide notification to Romanian and Serbian competition authorities of the economic concentration arising from OMV Petrom’s externalization of several operations and general surface services ancillary to extraction and production of petroleum as well as natural gas, together with the relevant assets and dedicated staff. D&B David and Baias and Karanovic & Partners provided advice to J. Christof E&P and Christof Private Firefighting Services.

Law no. 12/1990 on the protection of the population against illicit production, trade or services (“Law 12/1990”) was adopted during Romania’s transition from a socialist economy to a market economy. Thus, the Romanian State was then still involved in the forming of retail prices, as the pattern of forming these prices in accordance with a market economy was not yet well established. However, 30 years have passed and Romania has developed to a full-sized market economy, where prices are formed based on demand and supply.

As regards Romanian limited liability companies, the convening of the general assembly of shareholders is done in accordance with the articles of association or as provided under Romanian Companies Law 30/1991 (the ”Companies Law”), specifically through registered letter at least ten days before the date set for the general assembly.

Data breach notifications were firstly introduced in 2009 by means of amendments to the E-Privacy Directive, where such data breaches occurred in connection with the provision of publicly available electronic communications service. Further on, GDPR extended data breach notification obligation to all industries. The initial scope was to have a single notification regime, as E-Privacy Directive was intended to be replaced by E-Privacy Regulation, when GDPR became applicable. Since E-Privacy Regulation has a long way until entering into force, an electronic communications provider has difficulties in navigating through two regulatory regimes when it comes to data breach notifications.

On September 10, 2020, Advocate General Maciej Szpunar delivered his Opinion in Case C‑392/19 VG Bild-Kunst v Stiftung Preußischer Kulturbesitzrequest.

After two stages of public consultations in which the grid connection operators became intensively involved, the Romanian Energy Regulatory Authority (“ANRE”) adopted new rules for connection to the power grid by means of Order no. 160/2020 amending and supplementing the Regulation for the connection of users to the public interest power grids, approved by ANRE Order no. 59/2013 (the “Connection Regulation”).

MPR Partners has advised Interparking on its acquisition of the Bucur Obor Parking building in Bucharest from Parcaj Subteran Bucur Obor.

In November 2018, the European Parliament and the Council of the European Union have enacted the Directive (EU) 2018/1808 amending Directive 2010/13/EU on the coordination on certain provisions laid down by law, regulation or administration in Member States concerning the provision of audio-visual media services in view of changing market realities (the “Audio-Visual Media Services Directive”).

A draft law on measures relating to information and communication infrastructures of national interest and the conditions for the implementation of 5G networks (the “Draft Law”) was launched on August 4, 2020 for public consultation by the Ministry of Transportation, Infrastructure and Communications and slightly revised on September 2, 2020.

It is already notorious that upon accession to the European Union (”EU”), Romania has assumed a series of responsibilities, constantly evolving, in the spirit of the Community objectives. Among them, the one which lately has the strongest impact is represented by environmental protection and fight against global warming. Thus, a step in this direction was taken by Romania on August 20, 2020, when in the Official Gazette was published Law no. 181/2020 on the management of compostable non – hazardous waste (“Law 181/2020”), which will enter into force on February 20, 2021.

The COVID-19 outbreak showed that technology lies at the backbone of our society and that the role of electronic communications services and networks in supporting our economic, educational, and social needs has increased exponentially.

The slow and lengthy process of completing the cadastral works and real estate publicity seems to affect not only the private property, but also the public one. In this context where the lands are not delimited and registered with the national Land Book Registry (“Land Book”), both the private investments and the projects of public interest and utility are hampered. Therefore, there was necessary to establish a complete and optimal legal framework, capable to ensure the complete evidence of assets falling under the public property of waters. The regime of waters and land areas of riverbeds are under the provisions of Water Law no. 107/1996 (“Water Law”). This background given, Law no. 122/2020 amending and supplementing the Water Law (“Law 122/2020”) was enacted by the Romanian Parliament and published in the Official Gazette of Romania on July 13, 2020.

In May 2020, a group of Romanian senators have proposed a legal enactment to prohibit the sale of shares owned by the Romanian state for a two-year period.

Despite the constant update of the public procurement legal framework, the Romanian authorities have signalled several issues related to the public procurement contracts granted to certain companies, in circumstances which are not able to comply, in all cases, with the general principles of transparency and equal treatment.