Bucharest City Hall - Litigation
Starting with 2013, Mitu & Asociații represented the Bucharest City Hall in approximately 150 disputes involving teamwork, communication skills within the team, especially when different opinions and well-argued had to be reconciled in order to find the best strategy for solving the entrusted issues.
Deep knowledge of civil and substantial law in different matters such as repair laws, expropriations, public procurement, but also debt recovery, administrative and fiscal law, the insolvency procedure determined an incredible success rate in the files in which we represented the Bucharest City Hall.
The variety of legal issues that came to the attention of the team during this project was a constant challenge but it helped us to grow professionally. The team that worked over the years on this project was dedicated, each of the senior lawyers or trainees devoting a part of their time and energy for this.
Major infrastructure projects
In the last years, Mitu & Asociații promoted both locally and at the European level the infrastructure projects in the national development strategy of Romania. To this end, Mitu & Asociații organised conferences in London, attended by members of the Government of Romania and participated in events organized by the Romanian authorities for the same purpose.
As a result, Mitu & Asociații provide consulting to a large group, specialised in civil construction design and execution, regarding the public procurement procedure, public private partnerships but also ensuring the flow of information for the current activity. The group represented by us aims to deliver in Romania several projects with a total value of over 3 billion euros and relies on our team to achieve its long-term development goals.
Decontamination of soil and groundwater
Mitu & Asociații have been involved in the project to decontaminate soil and groundwater with the sole purpose to contribute to the protection of environmental conditions and to reduce pollution, in order to leave the next generations a healthier place to live in.
Through this project, our company specialized in a new field for Romania, of environmental legislation regarding soil decontamination. It was the first project of its kind realized in our country, with the help of which, the procedures for the verification of the works of cleaning the soil contaminated by residues, mainly petroleum, were laid.
The project, with a final value of over 25 million euros, consisted in offering legal advice on the environmental protection rules applicable in our country and the European Union. Our client is one of the largest construction companies in the world, through the Environmental Technology division dealing with soil and groundwater treatment.
The challenge was to identify solutions on how to implement procedural rules and good practices, that had not been applied in Romania before, although the European legislation was transposed into internal normative acts.
In order to successfully execute and complete the project, our Client, an Austrian company with a significant turnover in Romania, has requested legal advice both in the field of environmental protection legislation and in the matter of demolishing local civil and industrial constructions.
As a result of the project, over 100,000 cubic meters of earth were decontaminated, 3 million cubic meters of groundwater were purified and about 2,000,000 liters of petroleum products were extracted. On this ground, the Petrom City business center was realized, an investment of 130 million euros, which operates on the basis of an innovative system of energy production and consumption, with high energy efficiency.
The Integrated Socio-Medical Care Regional Center BARILIFE
The involvement in this project came as a natural consequence in the evolution of the team - helping your fellow citizens - to contribute to the evolution of the society as a whole. The challenge was the launch on the Romanian market of the first provider of specialised combined services, home based, both medical and social.
The peculiarity of the services provided by the Barilife Foundation is given by the fact that they are positioned both in the field of specialized social-medical services and in the field of services of a strictly social nature, which has led to the occurrence of impediments in establishing the legal framework for setting up and organizing.
Specifically, the team of lawyers has identified and implemented viable solutions, in the context of the legislative shortcoming, regarding the legal form under which the provider is to be set up and functioning. This happened because the services offered by the project did not fall into the same category, so that a certain legal form of organization corresponded to the provision of a certain category of services, and another legal form of organization corresponded to the provision of another category of services. The procedures for identifying and obtaining the numerous authorizations and approvals required for the activity of the supplier were also dependent on them.
The services were based on the principle of exclusive, permanent and immediate dedication to the medical and social needs of the subscribers of the provider, depending on the service package chosen. In the area of specialised social-medical services, the home medical services consisted of medical analyses and visits, diagnosis and treatment, while in the area of the services of a strictly social nature, the services at home consisting of support in the household, rehabilitation and adaptation of the environment, security and protection.
Another novelty was that the permanent provision of services required advanced technological equipment, with the possibility of activation by the subscribed beneficiary by a simple push of a button, intended to ensure the automatic connection to the call centre of the provider, in order to communicate the problem that arose and to ensure its immediate resolution, according to the type of service for which the subscription was performed.
The professional experience of our team members has contributed substantially to the development and implementation of a strategy for interpreting the legal provisions and for permanent communication with the authorities, whose competence was implied by the process of setting up and carrying out the activity of the supplier. In this way, the stages of the project were planned, both in terms of obtaining all the related documents and in the contractual aspect, namely the drafting and negotiation with the suppliers, as well as the conclusion of the agreements with the final beneficiaries.
Management of employment conflicts
A significant achievement was the representation of an important player in the airship handling and towing market, in managing the collective employment conflict that would have had a negative impact on both the company and the air traffic at the most important airport in Bucharest.
The client was facing an imminent danger of triggering a strike, with serious consequences on the company's activity and disruption of air traffic. Through teamwork, involvement and diligence it was possible to legally suspend the actions initiated by the union. The client has gained the time needed to carry out balanced negotiations, without the pressure of stopping the activity by the employees, together managing to identify long-term balanced solutions that have given stability to both the client and the employees, in particular.
The challenge was threefold: to find legal solutions for interpreting the provisions of the employment code of practice, in conjunction with the law of social dialogue and related legislation; to identify the best option for both the employer and the employees; and to make the best long-term strategic decision, taking into account the potential risks to the quality of the services offered.
The decision was difficult, as the respect of ethical principles was very important for us and our client. We maintain our integrity in the business, we respect the work done professionally, we want to exceed the expectations of our partners and we act to prevent possible future conflicts.
Thus, the situation was stabilized following negotiations with the trade union, through the conclusion of a collective employment agreement. The employment agreement created, implemented and subsequently adapted, serves to prevent and limit employment conflicts.