Lawyers working for foreign law firms with offices in Romania,involved in public-private partnerships (PPP) across the world sayVinci-Aktor companies should have been penalised by the statebecause they unilaterally terminated the contract to build theComarnic-Brasov motorway (55 km), at least in order to be able tocover costs incurred by organising the tender and in order toresume proceedings.
The contract to build Comarnic-Brasov motorway under concession wasunilaterally terminated in April by French-Greek consortiumVinci-Aktor three months after the contract was signed, withoutpaying any penalties to the Romanian state. The tender for buildingthe motorway started back in 2007, with 12 consortiums from allover the world taking part. Vinci Aktor was announced as the winnerin May 2009.
"Penalties need to cover the cost of the failed auction and thecost of relaunching it. It should typically range between 5 and 10million euros. At the end of the day, any government wants toprotect taxpayers from a failed tender," says Markus Piuk, partnerwith Austrian law firm Schoenherr si Asociatii, which has beeninvolved in several PPP partnerships in Central and EasternEurope.
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