Nestor Nestor Diculescu Kingston Petersen

Managing Partners: Manuela M. Nestor and Ion I. Nestor

Number of partners: 29

Number of lawyers and consultants (including partners): Over 120

Languages: English, French, Romanian

Firm Overview:

For the past 35 years, Nestor Nestor Diculescu Kingston Petersen (NNDKP) has guided both domestic and international companies through the intricacies of the Romanian legal landscape, being recognized as a promoter of business law on the local market. NNDKP offers integrated legal and tax advice to companies from diverse industry sectors. NNDKP is a founding member of SEE Legal and the exclusive Romanian member of LexMundi and WSG, as well as a member of the Energy Law Group (ELG) and of the Three Seas Legal Alliance (TSLA), a group of leading law firms from each country in the Three Seas Initiative.

Main Areas of Practice:

Banking, Finance & Capital Markets

Competition

Corporate/M&A

Data Protection

Dispute Resolution

Employment

Energy

Environment

EU Law

Gaming

Infrastructure & Public Procurement

Intellectual Property

Pharmaceuticals & Healthcare

Real Estate

Taxation

Banking, Finance & Capital Markets:

3 partners; 5 fee earners

• Assistance to AAylex One, one of the leading players in the Romanian food industry, in connection with a EUR 20 million loan facility granted by a syndicate of banks.
• Assistance to a syndicate of banks in providing a loan facility totalling EUR 101.5 to RodBun Group, by refinancing and increasing existing facilities by EUR 37.14 million.
• Assistance to a syndicate of banks in providing EUR 550 million in financing to the Swiss Ameropa Group, which owns some of the largest local agribusiness companies.
• Assistance to Impact Developer & Contractor SA, a leading real estate developer, in connection with a EUR 8 million corporate bond issue.

Contacts: [email protected]; [email protected]

Competition:

1 partner; 5 fee earners

• Assistance to The Romanian Brewers Association with the EU and competition aspects of the implementation of the deposit-return system for primary non-reusable packaging in Romania.
• Assistance to a major local food supplier in obtaining the annulment of the fine imposed by the Competition Council following an investigation initiated for alleged anti-competitive agreements between several suppliers and retailers operating in the domestic market.
• Assistance to a leading Romanian pharmacy network in obtaining merger clearance in relation to two transactions involving the acquisition of sole control over a total number of 34 pharmacies across Romania.

Contact: [email protected]

Corporate/M&A:

6 partners; 20 fee earners

• Assistance to Globant, an IT and software development company present in 33 countries, throughout the entire process of merging two Romanian subsidiaries - Pentalog Romania S.R.L. and Pentalog HR Romania S.R.L.
• Assistance to Inner Mongolia Mengtai Group Co., Ltd. in the acquisition of the Alu Menziken Group from Montana Aerospace AG.
• Assistance to CTP, Europe's largest listed developer, owner, and manager of industrial and logistics properties by gross lettable area, in acquiring the logistics portfolio fully owned by Globalworth, the largest office investor in CEE.
• Assistance to Nippon Express Holdings, Inc. in acquiring the shares of the multiple subsidiaries of Cargo-Partner Group Holding AG.
• Assistance to Grupo Bimbo, global leader in the bakery industry, in the acquisition of Vel Pitar, the leader of the Romanian bakery market, marking the group’s expansion in South-East Europe.
• Assistance to ExxonMobil, one of the world’s largest publicly traded international oil and gas companies, in the USD 1.06 billion sale of its 50% participation in the Neptun Deep offshore block in the Black Sea to Romgaz.
• Assistance to PepsiCo in acquiring a minority shareholding in AQUA Carpatica, the Romanian spring water brand owned by Carpathian Springs SA company.

Contacts: [email protected]; [email protected]; [email protected]; [email protected]

Data Protection:

1 partner, 6 fee earners

• Assistance to companies active in financial services, technology, FMCG, energy, retail, industrial and manufacturing on complex privacy matters related to clients’ core businesses, marketing or employment activities, database sharing and implication of data protection related activity, including impact of GDPR.

Contact: [email protected]

Dispute Resolution:

7 partners; 31 fee earners

• Successful finalization of two successive arbitration cases worth over EUR 50 million related to the design and execution of one of the four sections of the Sebes-Turda motorway.
• Assistance to a company operating in the renewable energy sector in obtaining a decision to refer questions to the Court of Justice of the European Union to clarify the lawfulness of an electrical energy production surcharge.
• Successful assistance to Hammerer Aluminium Industries Santana S.R.L., a producer of semi-finished castings from aluminium recovered from recyclable materials, in a complex dispute related to transfer pricing aspects before the High Court of Cassation and Justice.
• Secured a final favourable decision for an important manufacturer of components for automotive safety systems, in a customs dispute.
• Obtained a new court decision recognizing the right to deduct VAT on investment expenses in case of project abandonment.
• Representation of a Portuguese engineering company in a complex arbitral dispute over a claim regarding the waste management system in a Romanian county.

Contact: [email protected]

Employment:

1 partner, 4 fee earners

• Assistance to companies active in technology, automotive, pharmaceuticals, transport, energy, financial services, in connection with individual and collective labour relationships, workforce restructuring, local or international transfers of undertakings, disciplinary investigations, discrimination and harassment at work, the development of the legal strategy in labour disputes.

Contact: [email protected]

Energy:

2 partners; 8 fee earners

• Assistance to a major international oil & gas company with respect to all matters concerning the first development of a deep offshore petroleum project.
• Continuous assistance to Emergy in the wind parks permitting and development process.
• Assistance to an independent power producer with the acquisition of three Romanian companies involved in the development and operation of solar parks.
• Assistance to multiple private investors in the energy sector in securing the development of large-sized projects for the generation of electricity from renewable energy sources (mainly solar and wind).
• Assistance to multiple foreign investors with respect to the requirements and procedure to be observed for entering the energy market as electricity traders and aggregators.

Contacts: [email protected]; [email protected]

Environment:

1 partner; 5 fee earners

• Assistance to companies active in oil & gas, retail, automotive, manufacturing, food and beverages in addressing obligations related to waste management, in particular packaging waste, used oil and waste electrical and electronic equipment, and in challenging fiscal decisions issued by the Environmental Fund Administration related to failure to meet recycling and recovery targets for packaging waste.

Contacts: [email protected]

Infrastructure & Public Procurement:

4 partners; 10 fee earners

• Assistance to FCC CONSTRUCCION SA during the various stages of its participation in several major public procurement procedures for several key railroad modernization and rehabilitation contracts.
• Assistance and representation of Trencadis Corp SRL in public procurement-related litigation including the successful challenging of the unlawful award of an important contract to a competitor.
• Assistance and representation of a major European construction company in connection with its participation in the public procurement procedure regarding the design and build of a new metro line in Bucharest.

Contacts: [email protected]; [email protected]

Intellectual Property:

1 partner; 4 fee earners

• Assistance to national and international companies active in various sectors such as retail, automotive, pharmaceuticals, FMCG, telecommunications, cosmetics or energy, in relation to prosecution, enforcement and IP due diligence matters concerning trademarks, designs, patents, domain names and copyrights.

Contacts: [email protected]; [email protected]

Real Estate:

3 partners; 4 fee earners

• Assistance to CTP, Europe’s largest listed developer, owner, and manager of industrial and logistics properties by gross lettable area (GLA), in acquiring the logistics portfolio fully owned by Globalworth, the largest office investor in CEE, with leading positions in Romania and Poland.
• Assistance to a leading local hospital operator in a large-scale transaction involving the acquisition of land (approximately 30,000 sqm) and the future development of a unique mixed-used project (including future development of offices, residential and hospital).
• Assistance to a large retailer active in the local market with real estate matters in the largest expansion process undertaken by the group in South-East Europe.
• Assistance to a leading real estate development company in CEE area in relation to the acquisition of two industrial projects in Western Romania.

Contact: [email protected]

Taxation:

5 partners; 11 fee earners

• Tax assistance to a major Romanian healthcare services provider in the acquisition of a private medical hospital and related structuring advice.
• Tax assistance to an alternative investment management company in a divestment project.
• Tax advice to a company active in the electronic component manufacturing industry on aspects related to intracommunity trade.
• Tax advice to a global leader in agribusiness and food industry on matters related to tax deductibility of intra-group support services.
• Tax assistance to a global leader in automotive seating in a tax dispute regarding the obligation to register and pay VAT in Romania for the fixed sites where the client is conducting its business in Romania.

Contacts: [email protected]; [email protected]