EU Law

We advise both companies and State authorities on general EU law matters such as: cases resulting from failure to implement or improper implementation of EU Law or from measures restricting the freedoms of the internal market; harmonization of legislation in the context of or for the purpose of avoiding infringement proceedings; matters related to fundamental rights.

Benefiting from the skills of lawyers with a solid EU academic background we bring a core team well-equipped to advise on all matters pertaining to EU law and to represent clients before EU Courts or institutions.

With a clear vision on the construction and functioning of the European Union, as well as in-depth knowledge of the main policies on which this unique international organization is based, our team brings a EU law perspective onto situations that appear to be strictly domestic, thus ensuring for our clients the benefits offered by the judicial remedies available under EU law.

Assistance to companies

Our expertise covers:

• assessment of the impact of EU law on the clients’ entire range of projects in various sectors
• advice on all aspects of internal market rules, especially on harmonization and on measures restricting the freedoms of the internal market
• assistance on matters related to fundamental rights – application of the Charter of fundamental rights of the EU, application of ECHR in EU law, CJEU’s case law regarding fundamental rights
• assistance and representation in the context of the system of EU judicial remedies – assessment of admissibility, preparing procedural acts, representation before EU Courts (direct actions and preliminary references)
• conformity checking of legislation with EU law: identification of transposition issues, raising non-conformity before the relevant authorities, advice/drafting and filing complaints against the Member State before the Commission
• advice in relation to EU external policy, especially anti-dumping matters.

Examples of our recent work in EU Law include:

• Improper transposition of Directives: assistance with the court challenge against fiscal measures imposed following transposition of a Directive in a manner contrary to EU law
• Preliminary rulings: assistance with preliminary ruling requests addressed to Romanian courts
• Internal market/Agriculture: advice on national transposition of pricing regulations in the agricultural field, in the context of the aims of the relevant EU regulations and the particularities of the agricultural policy
• Fundamental rights:  advice on relationship between the protection offered by ECHR to fundamental rights and the guarantees under the Chart of fundamental rights of the EU to the access to file in investigations performed by administrative authorities having sanctioning competencies; complaints before the European Court of Human Rights regarding the violation of art. 6 of the Convention
• Freedom of services: assistance with the assessment of cases on freedom of services
• Freedom of goods: assessment of national protective measures in food retail legislation
• Member States’ procedural discretion: advice on breach of principles of equivalence and efficiency in national legislation
• EU external policy: treatment of the concerns of absorption by the exporting producer of anti-dumping duties

Assistance to State authorities

Our expertise covers:

• assessment of compatibility with EU law of existing or contemplated national legislation
• assistance in the process of harmonizing national law with EU requirements
• assistance in EU law infringement cases, including proposing amendments to existing legislation/adoption of new legislation
• implementation and enforcement studies: advice on compliance with EU obligations/studies on the implementation and enforcement of legal obligations
• conformity checking of legislation with EU law: comparative studies on transposition and implementation of EU law, tables of correspondence between national transposition provisions and EU law