🚀We are very proud to announce a sweeping victory on behalf of one of the main infrastructure contractors in Romania in a complex multi-million EUR dispute against CNAIR stemming from a construction public procurement contract. Our team successfully represented the client in an intricate international arbitration case concerning the adjustment mechanism related to major road infrastructure works, bringing together complex commercial, technical and legal issues in the context of our client’s fundamental right to fair compensation. Following an intense 2 years process, the Arbitral Tribunal issued its final award ruling in favor of our client on all counts and all claims. The Tribunal decisively validated our client's position and awarded not only the outstanding principal amount but also material delay penalties and further damages to cover monetary devaluation. Full recovery of arbitration costs and legal fees was also secured. This landmark win reinforces the critical imp...
As the European Union and Romania advance into the second quarter of 2026, the regulatory focus has shifted from initial mobilization toward a phase of "Harmonized Competitiveness" and "Strategic Protectionism." While the EU accelerates the creation of a unified corporate identity to foster innovation, Romania is refining its energy market oversight to ensure stability and transparency amidst a complex transition.
This evolving landscape creates a dual imperative for corporate leaders, investors, and industrial operators:
1. Anticipating the "Single Market Leap" in the EU, where the proposed "EU Inc." regime and the new Technology Transfer Framework aim to dissolve national administrative barriers and modernize the dissemination of high-tech assets to secure the bloc's global edge.
2. Navigating Romania’s "Regulatory Refinement" phase, where updated ANRE procedures for foreign market participants and new copyright collection protocols demand immediate compliance pivots to maintain operational standing in the energy and creative sectors.
Understanding this dynamic, where EU-level integration and national-level market vigilance advance in parallel, is essential for optimizing cross-border M&A, securing technology licenses, and managing the rising costs associated with strategic industry safeguards. Together, these developments signal a shift toward a more robust regulatory environment in which market agility and systemic transparency are the primary metrics of success.
This April 2026 edition of Counsel’s Corner provides a consolidated overview of the most significant EU and Romanian developments, situating recent legislative acts within their broader strategic context.
To stay ahead of this transformation, and to translate regulatory adaptation into a competitive edge, we invite you to stay informed.
I. European Union:
1. The Birth of "EU Inc.": A 28th Corporate Regime In late March and early April 2026, the European Commission accelerated its "EU Inc." Proposal, a landmark initiative to create a 28th corporate legal regime.
• The Goal: To allow companies, especially startups, to operate under a single, harmonized set of EU-wide rules for corporate, insolvency, and labor law, bypassing the fragmentation of 27 national systems.
• Key Benefits: Digital registration within 48 hours for a maximum of €100, alongside a common optional scheme for employee stock options with deferred taxation.
• M&A Impact: Simplified digital share transfers and capital operations are expected to significantly lower the friction in cross-border venture capital and mid-market M&A.
2. REMIT II: Transparency in Wholesale Energy
The key technical, reporting, and operational updates, specifically the revised Implementing Regulation and a new Delegated Regulation will enter into force on April 29, 2026. While the General Application with it’s core amendments regarding market manipulation, reporting requirements, and ACER’s powers became active, including new obligations for persons professionally arranging transactions will enter into force on May 7th, 2026.
• The Scope: Now includes hydrogen producers, energy storage operators, and electricity/gas traders.
• Tighter Controls: Features faster reporting deadlines and a shift toward predictive regulatory scrutiny, requiring market participants to automate their reporting systems.
3. Regulation (EU) 2026/2477: The New Technology Transfer Framework
Adopted on April 16, 2026, this Regulation replaces the expiring 2014 framework to provide modern safe harbors for technology licensing. It wil enter into force on May 1st, 2026.
• The Objective: To foster economic efficiency and innovation by reducing R&D duplication and facilitating the dissemination of technologies (e.g., patents, know-how, software copyrights).
• Market Share Thresholds:
◦ Competitors: Exemption applies if the combined market share does not exceed 20%.
◦ Non-competitors: Exemption applies if each party's individual market share does not exceed 30%.
• Hardcore Restrictions: Any agreement involving price-fixing or certain output limitations is entirely excluded from the block exemption, regardless of market share
4. Protecting Strategic Industry: The Steel Safeguard Deal On April 13, 2026, the Council and the European Parliament struck a provisional deal to protect the EU's steel industry from global overcapacity.
• The Measure: A revised tariff-rate quota (TRQ) system will replace the current safeguards expiring on June 30, 2026.
• Stricter Limits: Duty-free import volumes will be reduced to 18.3 million tonnes per year—a 47% cut compared to 2024 levels.
• Higher Tariffs: Imports exceeding the quota will face a 50% customs duty, double the previous 25% rate.
• Traceability: The regulation introduces the "melt and pour" rule, requiring importers to identify where the steel was first liquidly cast to prevent circumvention.
II. Romania
1. Foreign EU Participation in the Romanian Energy Market
Published on April 9, 2026, Order No. 8/2026 streamlines the participation of foreign EU-based legal entities in the Romanian energy markets.
• Streamlined Approvals: Modifications to confirmation decisions due to purely administrative changes no longer require formal approval from the ANRE Regulatory Committee.
• Renewed Compliance: Annex 2 (The Solemn Declaration) has been replaced.
• Key Attestations: Participants must now explicitly declare they are not in bankruptcy and have not violated REMIT regulations (market manipulation) in the last 5 years.
2. Copyright Law: New Sole Collector (Decision No. 26/2026)
The Romanian Copyright Office (ORDA) designated COPYRO as the sole collector of compensatory remuneration for private copies of works reproduced from paper.
• The Change: This decision replaces the previous designation of OPERA SCRISĂ.RO (from 2014).
• Effect: All relevant hardware and paper-format compensatory fees must now be channeled through COPYRO.
The developments of April 2026 highlight a decisive shift toward a regulatory environment that prioritizes market integration, technological sovereignty, and protective industrial oversight.
Navigating this transition requires an integrated approach to governance, where businesses must balance the efficiency of the new "EU Inc." corporate framework and modern technology transfer rules with the rigorous transparency demands of REMIT II and local energy compliance. Ultimately, regulatory foresight is no longer just about meeting administrative requirements, such as those updated by ANRE and ORDA, but serves as a core component of building long-term strategic resilience in an increasingly harmonized yet protected European market.
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Tags: #EURegulation #RomaniaLegalUpdates #EUInc #EnergyLaw #REMITII #TechTransfer #CorporateCompliance
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