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Musat & Associates Successful for DELTA A.C.M. Before Court of Justice of European Union

Musat & Associates Successful for DELTA A.C.M. Before Court of Justice of European Union

Romania
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Musat & Associates has successfully represented Delta Antrepriza de Constructii si Montaj 93 S.A. before the Court of Justice of the European Union in a preliminary ruling procedure against Compania Nationala de Administrare a Infrastructurii Rutiere SA.

The ruling that was issued on October 3, 2019 regarded to an interpretation of the "significant or persistent deficiency" concept set out in Directive 2014/24/EU of the European Parliament and Council on public procurement, which repealed Directive 2004/18/EC.

As a result of the preliminary ruling procedure, the CJEU held that “establishing a relationship of trust between the contracting authority and the winning tenderer entails that the contracting authority is not automatically held liable for the estimation made, within a previous public procurement agreement, by another contracting authority, mainly in order to be able to grant particular attention to the principle of proportionality upon the implementation of the voluntary exclusion causes. Thus, this principle requires the contracting authority to examine and assess the facts by itself.” Therefore, “a contracting authority cannot automatically infer from the decision of another contracting authority to terminate a previous public procurement agreement […] that this tenderer proved significant or persistent deficiencies, within the meaning of Directive 2014/24, regarding the fulfilment of a requirement on the merits corresponding to such public procurement agreement.”

In addition, the Court held that the contracting authority has to provide the economic operator the opportunity to submit remedial measures created as a result of the termination of the previous public procurement agreement.

“The ruling of the Court of Justice of the European Union notably underlines that in the context of determining the exclusion from a public procurement procedure," Musat & Associates Deputy Managing Partner Iulian Popescu explained, "the contracting authority must assess the importance of the part of the previous agreement which was subcontracted and thus to determine whether the intervention of the subcontractor had a negative impact on the performance of such agreement.”

The Musat & Associates team was led by Senior Partner Gheorghe Buta and Deputy Managing Partner Iulian Popescu, supported by Managing Associates Iuliana Iacob and Ramona Cirlig and Senior Associates Ioana Cojocaru, Ana Maria Abrudan, and Mihai Macovei.

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MPR Partners | Maravela, Popescu & Roman is an internationally recommended and repeatedly awarded Romanian law firm providing integrated legal, tax advisory and insolvency services in all areas of interest for businesses and public administration. 

MPR Partners | Maravela, Popescu & Roman covers all major Romanian regions as well as the Republic of Moldavia, either directly or through carefully selected and closely coordinated correspondent offices. In addition, the firm has the infrastructure required to coordinate advice in multiple countries through highly reputed international networks of specialists ensuring high end services. 

Firm’s clients (multinational corporations, sound Romanian companies, private investors, public authorities and State companies) recommend MPR Partners | Maravela, Popescu & Roman as “A reliable team providing a high standard of work.” (quote by Chambers and Partners), having consistently endorsed the outstanding quality of services provided, flexible approach, responsiveness as well as the friendly working climate. 

More client feedback and further information on MPR Partners | Maravela, Popescu & Roman can be found at www.mprpartners.com.

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