Expertise

Co-head of the firm’s Public Procurement and PPP practice together with Adriana Gaspar and of the Corporate/M&A practice together with Gabriela Cacerea, Ruxandra Bologa and Adriana Gaspar, and Head of the Telecommunications and Media practice, Adina Chilim-Dumitriu is particularly experienced in the sectors requiring technical knowledge and abilities – public procurement, telecommunications and energy.

With over 21 years of experience at NNDKP, she is renowned for handling large mergers and acquisitions deals; has assisted various clients in respect of their participation to public procurement procedures, borrowers and lenders in connection with complex financing transactions and has developed particular expertise in the gas field, as well as in cross-border energy projects.

Her expertise covers:

  • public procurement both in relation to consultancy in public procurement projects – from analysis of award documentation requirements to assistance in drafting the offers, as well as regards challenges in front of the National Council for Settlement of Public Procurement Contracts (CNSC) and the competent courts of appeal)
  • privatizations
  • mergers and acquisitions
  • media and telecommunications law
  • energy (with particular expertise in natural gas projects, including trans-border energy projects)
  • contract negotiations
  • business transfers and outsourcing
  • project finance

Representative Cases and Transactions

Public Procurement

  • successful defense of one of the largest Austrian construction company as the winning bidder in several complex public procurement procedures in various sectors
  • assistance in public procurement litigation cases on behalf of one of the largest companies specialized in water treatment and construction of water plants in various projects related to water treatment extensions, modernizations, construction or rehabilitation in Romania
  • assistance to one of the largest global system integrator and supplier of end-to-end telecommunications solutions for fixed and mobile network operators, railway operators in public procurement procedures and litigation cases in Romania in respect of various major railway infrastructure projects
  • assistance to one of the largest Spanish construction company in respect of its participation in various public procurement projects organized for certain major railways and road infrastructure projects
  • assistance to the joint venture formed by large Spanish and French companies, in respect of its participation in the public procurement procedure organized by Bucharest Municipality for the award of the contract having as object the design and execution of works for the extension of Glina water treatment plant and the construction of a sludge incinerator
  • assistance to a large Italian construction company in respect of the implementation of a contract for railway rehabilitation, concluded with the Romanian National Railways Company, including as regards raising and substantiating the contractor’s claims under the contract, presenting the client’s position to requests received from the contracting authority, as well as from other competent regulatory authorities
  • assistance to a large Spanish constructor in respect of various public procurement projects implemented in Romania, such as the rehabilitation of national road in Northern part of the country, the implementation of the contract for constructing the access railway and road infrastructure for the bridge over Danube river at Calafat – Vidin
  • assistance to an Austrian client in respect of various public procurement procedures and contracts, including in connection with the implementation of the contract concluded with the International Airport “Mihail Kogalniceanu” for the rehabilitation of aircraft parking platforms and airport premises
  • assistance to a Portuguese client and its Romanian subsidiary in respect of its participation in various public procurement procedures organized in Romania in the field of electromechanics and electronics
  • assistance to one of the world’s biggest dairy multinationals in connection with the company’s participation in a public procurement procedures for the award of contracts having as object supply of food products (specifically, dairy and breading products) in the offer preparation phase, as well as in answering the clarification requests received from the contracting authority in the offer evaluation phase

Mergers and Acquisitions

  • assistance to a worldwide investment fund in respect of its acquisition of three Romanian farms and a corporate vehicle specialized in agricultural management, valued at over 40 million EUR (one of the major Romanian transactions from 2013), both in the acquisition phase and in the implementation of the development strategy and various restructurings implemented by the fund following acquisition
  • overall assistance in connection with the design and implementation of the corporate restructuring process undertaken by a major company in the automotive industry under the privatization agreement concluded with the Romanian state for the acquisition of the car manufacturing plant Automobile Craiova SA
  • advice to a large French energy company in connection with its participation in an international tender for the acquisition of the largest regional Romanian natural gas distributor, including coordinating legal due diligence, analyzing relevant legal framework, providing assistance the preparation of comments to initial transaction documents drafted by the seller, preparing the tender documentation
  • advice to a large French energy company in connection with its participation in an international tender for the acquisition of the largest regional Romanian electricity distributor, including representation in the negotiation of the transaction documents with seller’s representatives, reporting on relevant legal framework, providing assistance in preparing comments to initial transaction documents drafted by the seller, as well as the tender documentation;
  • legal due diligence in respect of the intended acquisition by a large French energy company of a Romanian gas distribution company and assisting the client in finalizing the transaction documents for the acquisition of the entire stake in a privately owned gas trading company in Romania
  • assistance to a German client active in the automotive industry in the acquisition of a Romanian subsidiary of a manufacturer (producer of metal components for the automotive industry)
  • assistance provided to a global company active in various industries such as safety, security and protection, healthcare, electro and communications and graphics in connection with the purchase of the shares of the local subsidiary of one of the world’s top 3 manufacturers of bonded abrasives for industrial use, as well as the subsequent merger between the two companies
  • assistance to one of the major mobile operators in respect of implementing a merger operation for consolidating its telecom terminal distributors

Telecommunications and Media

  • assistance to the largest Romanian mobile operator in respect of its project to distribute television and media content on DTH and OTT platforms
  • assistance to the largest Romanian mobile operator in relation with the selection procedure organized by ANCOM in view of awarding the rights to use the radio frequencies in various frequencies bands, in the public consultation phase as well as within the award procedure process
  • assistance to the largest Romanian mobile operator in relation the implementation of a project consisting in the outsourcing of build, run and other roll-out operation activities from our client towards the local presence of one of the biggest worldwide telecom vendors
  • assistance to a multinational telecommunications corporation with answering to a comprehensive questionnaire addressed by the client aiming to determine the local legal framework on the lawful interception of communications
  • assistance provided to a Romanian telecom operator and internet provider – due diligence in relation to the regulatory documents of the company (e.g., authorizations and licenses for providing public communications services) and contracts for the provision of communications services and networks infrastructure
  • assistance to a world-wide communication hardware supplier with answering to a comprehensive questionnaire addressed by the client aiming to determine the appropriate legal structure and the regulatory local requirements for the provision of VoIP services in Romania
  • assistance to a major international manufacturer in the automotive industry in connection with implementation of eCall devices, as well as the emergency calls framework regulations
  • periodical assistance to a major media broadcaster in respect of a wide range of legal matters, including regulatory on media and telecom sectors, as well as on corporate, tax and commercial matters, assistance in relation to the auction organized by ANCOM for granting the DTT licenses, contracts specific to audio-visual sector, corporate matters,
  • assistance to a worldwide TV programs broadcaster in relation to regulatory matters related to the broadcasting and distribution in Romania of TV program services; assistance in relation to the carriage distribution agreements concluded between the client and several satellite/cable Romanian program services distributors
  • assistance to a major Romanian mobile operator in their transactions and business in Romania, including in respect of regulatory matters, corporate and contractual matters and complex financing arrangements
  • assistance to a major company in the field of media and entertainment with periodical due diligence exercises on the regulatory life of the local companies part of the group; verification and assessment of the companies’ regulatory documents, such as CNA broadcasting authorizations for TV and Radio, ANCOM transmission licenses, trademarks, technical and environmental authorizations; due diligence on all major companies’ contracts, most of them specific to the audio-visual or film distribution sectors

Energy and Natural Resources - Natural Gas (downstream)

  • constantly advising one of the largest gas supply company over the past several years with sophisticated corporate restructuring transactions, regulatory matters, amendment / implementation of relevant concession agreements and natural gas distribution and supply licenses, issues afferent to possible termination of gas concession agreements, contractual and legislative aspects in the field of public procurement, organizing of trainings in respect of new Romanian energy legislation, etc.;
  • assistance in respect of the termination of a concession agreement for the exploitation of an underground storage deposit of natural gas, as regards all legal steps involved by the project (such as drafting the relevant notifications and the explanatory memorandum underlying the termination decision, memoranda, legal opinions, detailed step plan, corporate decisions, etc.;
  • advice to a major gas supply and distribution company in relation with the implementation of the legal unbundling of the natural gas activity through a spin-off operation, including aspects related to assessment of regulatory requirements of Romanian and EU law, corporate restructuring, amendment of relevant concession agreements and natural gas distribution licenses and aspects related to the structuring of the activity and the relationship between the resulting companies;
  • providing legal assistance in connection with a five-nation trans-border energy project to construct and operate a natural gas pipeline linking production areas in the Caspian Sea and Middle East regions to Central and Western Europe, consisting in detailed legal analysis and presentations of Romanian law matters relevant to the Project, review of various project documents (such as Inter-Governmental Agreement, Project Support Agreement, etc.) and providing comments in respect thereto from Romanian law perspective, etc.

Accolades

  • Ranked by Chambers and Partners as a Leading Individual for Energy and Natural Resources
  • Ranked by Chambers and Partners as a Leading Individual for Projects
  • Ranked by Chambers and Partners as a Leading Individual for TMT
  • Recommended by Legal 500 for Energy and Natural Resources
  • Recommended by Legal 500 for PPP and Procurement
  • Recommended by Legal 500 for TMT
  • Rated by IFLR 1000 as Leading Lawyer for Energy and Infrastructure

Highly revered department head Adina Chilim-Dumitriu is a deeply respected practitioner in Romania’s TMT market.
(Chambers and Partners, 2018)

Adina Chilim-Dumitriu, […] is “an outstanding professional with a broad understanding of the [PPP and Procurement] industry”.
(Legal 500, 2016)

Adina Chilim-Dumitriu [is] “very responsive, in depth analysis of the issues, supportive, solution oriented”.
(IFLR 1000, 2016)

Adina Chilim-Dumitriu is highly regarded for her expertise in natural gas. Clients describe her as “very flexible and business-oriented, and able to adapt quickly to the client’s demands”.
(Chambers and Partners, 2015)

Practice head Adina Chilim-Dumitriu is a highly respected industry specialist with extensive experience of matters in the telecoms and media sectors. Clients praise her attitude and the quality of her work, saying: “She is very helpful and proactive, always going beyond the standard to give more than expected”.
(Chambers and Partners, 2015)

Education

  • University of Bucharest Law School, Law Degree
  • Certificate of international legal practice “Strategic Directions for International Practice”, New York City Bar Association
  • 8th School of Project Finance, Euromoney Legal Training, St. Catherine’s College, Oxford, UK

Memberships and Affiliations

  • Bucharest Bar

Notable contributions

  • “European Telecom Infrastructure Sharing Guide – Romania chapter” (Olswang LLP, 2014 and 2015) (coordinating author)
  • “International Public Procurement – Romania” (Center for International Legal Studies, 2013 – 2015)
  • “Study on Mobile Satellite Services Authorisation Regimes, authorisations and enforcement in the EU Member States – Romania chapter” (European Commission, 2014) (coordinating author)
  • speaker at the WSG European Regional Conference, “Cross-border energy projects” (Istanbul, 2013)