Rehabilitation of the Line Border – Curtici – Simeria Railway, Section 3 – NNDKP Obtains a Final Ruling in Favor of the Joint Venture Created by FCC CONSTRUCCION – ASTALDI – CONTRATAS Y VENTAS S.A.

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NNDKP successfully represented the joint venture created by FCC CONSTRUCCION SA – ASTALDI SPA – CONTRATAS Y VENTAS, S.A. “CONVENSA” in the litigation centered on the award by Compania Națională de Căi Ferate “CFR” SA (“CFR”) of the public procurement contract “Rehabilitation of the Frontieră – Curtici – Simeria Railway, part of the IVth Pan – European Corridor, for the circulation of trains with a maximum speed of 160 km/h, Section 3: Gurasada-Simeria”.

The value estimated by CFR for this contract was of over RON 2.5 billion without VAT (over EUR 550 million), one of the largest public procurement proceedings to ever have been organized in Romania, in terms of value and complexity.

The NNDKP team involved in this litigation was comprised of Adina Chilim-Dumitriu, Partner and Head of the Public Procurement and PPP practice, Radu Damaschin, Partner in the Dispute Resolution practice and Alexandru Aman, Senior Associate in the Public Procurement and PPP practice.

The project regarding the rehabilitation of the Line Border – Curtici – Simeria Railway, Section 3, is one of the infrastructure projects that are crucial for Romania. Its importance is also confirmed by the increased interest shown by the companies involved in the public procurement procedure. This process generated numerous challenges, both before the National Council for Solving Complaints and the Bucharest Trial Court, as well as two complaints filed with the Bucharest Court of Appeals that challenged the result whereby our client, the joint venture FCC CONSTRUCCION SA – ASTALDI SPA – CONTRATAS Y VENTAS, S.A. “CONVENSA”, was designated the winning bidder”, specified Adina Chilim-Dumitriu.

The NNDKP team successfully defended the result of the procedure and the award of the contract to the joint venture FCC CONSTRUCCION SA – ASTALDI SPA – CONTRATAS Y VENTAS, S.A. “CONVENSA” and obtained irrevocable court decisions in all the successive challenge stages that affected the course of the procedure.

After almost 3 years from the publication of the participation notice in SEAP, we are extremely proud to announce our victory and we hope to see the project being implemented as soon as possible”, added Radu Damaschin.

NNDKP also collaborated on certain aspects of the project with the law firm Ceparu and Irimia, as attorneys of ASTALDI SPA.

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