- Iasi University – Law Faculty (2002, Magna Cum Laudae)
Oana has joined SM&A as a Partner in 2013 and since she has constantly boosted Firm’s Client and Deals portfolio, as well as Firm’s traditional Practice Areas, by developing and currently leading a unique, niche, Practice Area – EU Funds, with hugely diverse problematics, of which an important role is played by the litigation cases involving EU Funds. Her practice in this area encompass a very rich range of situations, involving beneficiaries of funds throughout Romania, under various financing and structural programs, with cases involving EU funds of over 100 million Euro.
Oana has also maintained a very strong and direct involvement in the Tax Practice Area, while being also active in the Procurement Practice, especially due to its interrelation with some of the EU Funds legal issues. She is also Firm’s main contact in what concerns the IP Practice, where Oana has extensive experience.
Oana’s Clients are mainly from Agribusiness, Real Estate & Construction, Food& Drink, Retail and Energy industry Clients.
Examples of Dispute Resolution cases:
- Represented a leading Romanian meat producer in a series of litigation cases related to the decrease of non-refundable financial aid to which the Client was entitled, as a result of assuming investment in superior living standards for animals.
- Represented a number of agribusiness Clients running organic vegetable glass houses in a series of litigations generated by terminations of EU Funds financing contracts totaling EUR 18 M, as a result of artificial conditions allegedly created by the Clients.
- Represented a leading Romanian construction company in a litigation case generated by the re-classification of the Client as an entity “interconnected” with another entity, having as consequence withdrawal of the non-refundable financial aid by the relevant Management Authority.
- Represented a number of over fifty distinct EU Funds beneficiaries of various structural and financial programs (FEADR/PNDR, POR, POSCCE, POSDRU) in over two hundred litigation cases involving alleged breaches of financing contracts concluded with management authorities (involving eligibility and selection criteria, beneficiaries’ statuses as SMEs, artificial condition creation, unjustified advantages, etc).
- Represented a major agribusiness player in a litigation case generated by the rejection of its 2 million Euro financing request by the relevant Management Authority within the Ministry of Agriculture, for an alleged lack of meeting all the eligibility conditions.
- Represented a number of twenty “micro-entities” in litigation cases generated by their re-classification as SMEs, as a result of management authorities’ erroneous interpretation of the legal criteria regarding the classification of such entities.
- Represented a leading Romanian real estate developer in a litigation case related to the illegal termination of a major residential project sale purchase agreement (involving around four thousand apartment flats for the inhabitants of an important Romanian city) concluded between the Client as buyer and a County Local Council as seller, including a series of inter-related patrimonial and financial claims of both the seller and the buyer.
- Represented a paints and varnishes regional distributor in a litigation case against the Romanian Competition Council, for the annulment of a fine imposed to the Client as a result of retaining an alleged vertical anti-competition understanding between the Client and the paints and varnishes manufacturer, referring to the re-sale prices.
- Represented one of the biggest local players on the FMCG market in a litigation case involving an interdiction to produce, trade, transport and advertise an energy drink brand, due to an alleged breach of another similar brand.
- Represented an important state-owned company in a litigation case related to the cancellation of an invention certificate referring to an essential installation for processing uranium ore and for purifying uranium concentrates.
Examples of consultancy assistance cases:
- Assisted a highly esteemed publishing house from the economical spectrum, in an out-of-court settlement regarding certain accusations of plagiarism related to a title published and distributed by the Client.
- Assisted a private investor with regard to land acquisitions and authorizations collection for the purpose of photovoltaic cell park development.
- Assisted various applicants of EU Funds with regard to the accomplishment of eligibility criteria, with a view to meeting the legal conditions to obtain such non-refundable funds.
- Assisted a industrial software and hardware equipment sole importer in Romania, with regard to securing its commercial transactions with customers.
- Designated Banking & Finance Attorney of the Year – România in 2015, by Wealth & Finance International.
Professional Affiliations and Memberships:
- Bucharest Bar (2000 to date)
- East Legal Team E.E.I.G. (2008 to date)
- Global Business Lawyers (GBL) Alliance (2017 to date)
- American Chamber of Commerce in Romania (2014 to date)
- Netherlands Romanian Chamber of Commerce (2014 to date)
- When the State does wrong, still the farmer pays - published in Ferma Magazine, in June 2017 (issue no. 193)
- Affiliated enterprises – a new “reason” to repay European funds (Part II)-published on January 27, 2017 in Business24.ro
- Affiliated enterprises – a new “reason” to repay European funds (Part I)- published on April 20, 2015 in Business 24
- The minimis aid: How to survive the State’s unfulfilled promises-published on October 07, 2015 in Business 24
- Beneficiaries sanctioned by AFIR still have a chance: în court!-published on 28 October 2014 in Revista Ferma .
- Hopes for beneficiaries of European funds accused of creating "artificial conditions"- published on September 25, 2014 in Business 24
- Unfair Commercial Practices in Romania - an Analysis- published on September 9th, 2014 in Business24.ro
- What can you do if AFIR demands the execution of the guaranty bank letter of repayment of the advance?- published in Revista Ferma on August 1st, 2015.
- Everything about the new responsibilities of companies, for the protection of consumers- published on July 1st, 2014, în Business24.ro
- Public procurements. What changes brings the new EU Directive în the național legislation- published on May 12th, 2014, in Business24.ro
- The new procedure of attesting traditional products - a quality guarantee? published on April 7th, 2014, în Business24.ro
- The new insolvency law - pluses and minuses- published on March 11, 2014 in Business24.ro
- The most important changes for business generated by the new Criminal Code- published on February 07, 2014 in Business24.ro
- Black Friday. Some legal advice to avoid being fooled by false promotions- published on November 20, 2013, in Business24.ro
- The reasons why investors will refuse the public private partnership- published on October 17, 2013, in Business24.ro.
- Why do pharmaceutical companies în Romania oppose the claw-back tax? published on October 30, 2013, in the PMR biweekly news review Central Europe Pharma News (Issue No. 22)
- The strategy used by the European Commission to claim back the funds granted- published on October 09, 2013 in Business24.ro.
- A new reform în the medical system in Romania: pilot hospitals - autonomous health institutions- published on October 09, 2013 in Business24.ro.
- The luxury of being an owner în Romania, at IMF command- published on August 9 , 2013 in Business24.ro.
- “Friendship Law” in the public procurement “industry”- published on July 3rd , 2013 in Business24.ro
- Romania’s strategy for an announced failure: Nabucco- article published on June 26th, 2013, in Business24.ro