Tuca, Zbarcea & Asociatii has successfully represented the association between China-based CRRC Qingdao Sifang and Romania-based Astra Vagoane Calatori before the Court of Justice of the European Union in a case which rendered Emergency Ordinance No. 25/2021 on the exclusion of non-EU economic operators from public procurement procedures ineffective.
According to Tuca, Zbarcea & Asociatii, the case concerned a public procurement procedure worth approximately EUR 750 million in which a joint venture between a Romanian company and a non-EU one "was excluded following the Romanian Government’s adoption of Emergency Ordinance No. 25/2021. This legislative act imposed the sanction of exclusion for all economic operators from non-EU countries that had not signed a free-market access agreement with the European Union."
As Tuca, Zbarcea & Asociatii reports, the Court of Justice of the European Union ruled that "primary EU law precludes a Member State from adopting national legislation excluding an economic operator from a third-country which has not concluded a free-market access agreement with the EU, as such a measure falls within the exclusive competence of the European Union.
The Tuca, Zbarcea & Asociatii team included Partner Dan Cristea and Senior Associate Serban Sarbu.
