Bachelor of Laws- LLB, University of Bucharest – 2009
LLM Legal Studies, General, University of Bucharest – 2010
LLM International Business Law, King’s College London – 2014

Romanian and English

Alina Dăscălescu

Partner

Alina’s litigation practice covers a broad range of areas, including capital markets, state aid, corporate governance, shareholder disputes and civil and administrative claims.

Over the last five years, Alina has focused her practice on energy related litigation, mainly on contentious regulatory matters. She has advised energy producers, distributors and suppliers in the majority of the most complex disputes to date thus gaining technical proficiency in energy processes together with a strong understanding of the business.

Alina holds an LLM in International Business Law from King’s College London where she studied International Business Litigation, International Commercial and Investment Arbitration, Corporate Governance and Trust Law.

1. Advising in successful litigation in the Bucharest Court of Appeals relating to the validity of a number of provisions of Order no. 112/2014 issued by the National Regulatory Authority for Energy, mainly concerning the possibility to arbitrary change the value of the regulated rate of return for energy distributors and also in subsequent litigation against two orders that decreased the value of the regulated rate of return.

2. Advising in litigation aimed at setting aside the effects of GEO no. 114/2018 and of the secondary legislation regarding the supply of energy to household costumers under regulated conditions for a period of three years starting with March 2019.

3. Advising in successful litigation in the Bucharest Court of Appeals regarding the annulment of a decision issued by the Regulatory Authority for Energy to set the price of ancillary system services on the regulated market.

4. Defeating the attempt of a majority shareholder in four energy companies to force the minority shareholder to sell its shares at a lower price by imposing restrictions on the transfer of shares. After the courts admitted the stay of the GSM Decisions that provided the restrictions, the companies retracted the illegal amendments from the articles of incorporation.

5. Advising a major real estate group in multiple claims arising out of the sale and purchase of a commercial centre. The dispute included a number of cases in Romania and Cyprus as well as an ICC arbitration.

6. Advising an investment fund in successful litigation against the General Shareholders’ Meeting Decision of a state owned company to approve the increase of share capital with budgetary allocations that were part of state’s co-financing under Regulation (EC) No 1083/2006 on the European Regional Development Fund.

7. Advising a minority shareholder in a number of annulment claims against General Shareholders’ Meeting Decisions of several state-owned companies that breached the national rules of corporate governance set out by GEO no. 109/2011, especially those regarding the selection procedures for management and supervisory bodies.

8. Advising a minority shareholder in the annulment of GD no. 38/2018 that approved the state’s participation in the increase of share capital of a national company with EUR 36 million and against the subsequent General Shareholders’ Meeting Decisions of the company on the grounds that the measure constitutes an illegal state aid. The litigation also included an unconstitutionality plea against the provisions of the budget law that allocated the resources.

9. Advising in litigation against the General Shareholders’ Meeting Decision of a state owned company to approve settlement of its claims against a debtor by accepting the transfer of a dysfunctional power plant. The European Court of Justice, by way of preliminary ruling, confirmed that the settlement could represent unlawful state aid and ordered the Romanian court to apply the private investor test.