European law. European funds litigation

European law.
European funds litigation.

The integration of Romania into the European Union brought with it, starting with January 1, 2007, the natural consequence of the priority application of European law in areas such as free movement of goods, workers, services and capital, EU citizenship, anti-competitive agreements between companies, abuse of dominant position and concentrations,  actions for damages introduced by private persons, the single market, etc.

As Romania has benefited from European funding, disputes regarding EU funds have increased in number

Both during and after the pre-accession period, understanding and applying the rigor of documentation and justification of fraud and irregularities from the perspective of administrative, civil and criminal consequences, the applicable judicial mechanisms and the spread of liability for fraud and irregularities, proved to be a challenge for all involved in the management of European funds.

Both in the context of the application of the provisions of Ordinance no. 79/2003 and subsequently, after the appearance of GEO no. 66/2011 lawyers from Pelinari & Pelinari have developed a consolidated practice regarding disputes with EU funds, ensuring representation in the pre-trial, trial and criminal proceedings of both administrative-territorial units and companies with capital of state as well as private companies.

Taking into account the experience of over 10 years in the field of European funds and the interdisciplinary training of our lawyers (especially in the field of public procurement) the Pelinari & Pelinari team can assist or/and represent you in procedures such as: 

  •  assistance in preparing the financing applications – the procedures to be followed in accordance with the applicable legal regulations;
  • legal advice regarding the financing contract and other documents signed with the managing authority and other notifications / correspondence with the managing authority, as well as the legal implications of these documents;
  • assistance and consultancy regarding the organization of the procedures for awarding the works / supply / services contracts financed within the project from European funds;
  • assistance and consultancy regarding the negotiation, signing and implementation of works / supply / services contracts financed within the project from European funds;
  • disputes with the managing authorities regarding the implementation of the projects financed from European funds / regarding the fulfillment by the beneficiaries of the obligations assumed by the financing contracts;
  • disputes with the Audit Authority regarding the way of spending the non-reimbursable amounts granted from European funds / regarding the qualification as ineligible of certain expenses realized in the implementation of the projects financed from European funds.

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