Could you share an example of a time when you came up with an innovation that improved how your legal team works and did not come at a large expense?  

Since 2008, I have been practising law as the head legal counsel and a member of the board of directors of the company named TEOREN MOTORS, being the official and exclusive importer and national distributor of RENAULT and DACIA vehicles and spare parts with a nationwide selective distribution network, that consists of 40 authorised dealers and repairers. In this context, I am constantly engaged in crafting and fine-tuning our corporate strategy and actively participate in the decision making process related to our distribution network, by proactively presenting, explaining and analysing complicated and obscure legal concepts, that originate from competition and contracts law, especially from the applicable Vertical Block Exemption Regulations (EU), such as the so-called excluded restrictions, their various forms and legal impact. It must be underlined that the understanding and assimilation of those legal concepts becomes an absolute priority, enabling our company to ensure compliance with the restrictions imposed and to benefit from the “safe harbour” provisions stipulated in these regulations, thus minimising the risk of litigation on same subjects before competent courts and competition committees.  

For this reason, I have created a series of electronic files with a comprehensive synopsis and analysis of all the crucial issues, commercial and legal, connected with EU competition law and national contracts law, as these are being addressed in the relevant case law (for example, types of contractual clauses, termination conditions and consequences, remedies awarded in case of breach of contract, and goodwill indemnity), therefore offering my colleagues a comparative, over several decades, systematic and quite simple to understand, tool (an e-handbook). Moreover, it has a hybrid character, as it is tailor-made to cover the spectrum of very specific needs of both commercial and legal practice. In parallel, these files are being used as a firm and solid point of reference, setting a common ground for a simple and effective modus operandi between the legal and the commercial departments. The primary goal of this tool is to maximise effective communication between the departments and, at the same time, to prevent lack or asymmetry of information with respect to issues of material importance, by adopting and enforcing the principle of simplicity for the benefit of business performance.  

What are the most significant cases or transactions that your legal team has recently been involved in? 

Since 2017, I have been involved in negotiating, drafting and reviewing complex business and financial transactions, entered into by affiliates and related parties of TEOREN MOTORS; these parties represented prominent brands in the automotive sector such as PEUGEOT, CHEVROLET, KAWASAKI and SIXT, including importer and exclusive and selective distribution (vertical) agreements with applicable, qualitative and quantitative selection criteria, franchise agreements, syndicated loans, subscription and shareholders agreements, shares purchase agreements as well as standstill and master restructuring agreements executed with systemic banking institutions regarding credit facilities and debt asset swap worth millions of euros.  

With regard to the latter (the standstill and master restructuring agreements), the legal team, that was entrusted by the shareholders and formed ad hoc in order to carry out such a demanding and long lasting project, has succeeded in identifying and mitigating the legal risks associated with the respective legal concepts emanating from various areas of law (including contracts, corporate and competition law). Furthermore, the legitimate rights and interests of the parties involved (shareholders, ultimate beneficial owners, legal entities, stakeholders) were safeguarded and promoted, taking into consideration that the commercial activities overall had to be protected and further advanced by all legal means. This outcome required a thorough, methodical, comprehensive and in-depth knowledge of the applicable legal conditions, as these are being interpreted in case law, especially in the verdicts issued by the Supreme Court.   

How important is choosing to work with external lawyers who align with your company’s values? Are you likely to reconsider what firms you work with based on this?   

It is of crucial legal and business importance that external lawyers and legal firms must share and adhere to core values that are similar to our shareholders’ principal values and norms, as these are reflected in the way of doing business. Furthermore, they must perceive the strategic mindset prior to making any legal decisions and pursue the goals that align with the vision of the organisation and generate more revenue. Under these conditions, business acumen and proactive thinking belong to the underlying “essentialia negotii”, the very root of this cooperation. These characteristics share equal value with the legal expertise anticipated and should be present at all stages of creative legal engineering, that is of the utmost priority.  

No legal assignment is irrevocable to the extent related with mandates given to external lawyers; however, the elements of trust and integrity play a fundamental role for our shareholders, who have been active at the forefront of the automotive sector for more than 60 years, and this is why our cooperation with external lawyers is long lasting and unlikely to change, as long as these values are being respected and honoured by all the parties we now consider to be trustworthy business partners.