Ms. Donka Stoyanova is a Partner at Dimitrov, Petrov & Co. which she joined in 2008. With more than 17 years of professional experience Ms. Stoyanova specializes in public procurement law, competition law, administrative law, litigation, commercial law, corporate law, international private law.
Ms. Stoyanova’s expertise includes consultations on substantive and procedural matters in the course of preparation of offers and correspondence with contracting authorities. She has been significantly involved in challenge procedures against actions and decisions of contracting authorities before the Bulgarian Commission on Protection of Competition and the Supreme Administrative Court.
Ms. Stoyanova has recently been involved in several major appeals of legislative acts of institutions such as the Council of Ministers, National Health Insurance Fund, Ministry of Health, etc. Her experience includes numerous challenges of administrative acts of the Consumers’ Protection Commission and the National Health Insurance Fund. Ms. Stoyanova has profound and varied experience in appealing sanctions, imposed by various authorities and concerning administrative violations of legal requirements in different areas of regulation.
Since 2015 she is a PhD candidate in International Private Law at the Institute for Legal Studies of the Bulgarian Academy of Sciences.
Administrative law experience:
– Represented a company from the Mareshki group before the Supreme Administrative Court in appealing provisions of Ordinance No. 4 on the terms and conditions for prescribing and dispensing of medicines. The provisions which limited competition on the medicines retail market were finally repealed by a 5-member Panel of the Supreme Administrative Court;
– Successfully represented a local consortium before the Supreme Administrative Court in the appeal procedure against the Tariff of Fees Collected for Proceedings Under Chapter XI of the Public Procurements Act, as a result of which the latter was revoked;
– Provides comprehensive day-to-day legal counselling to the second biggest mobile operator in the country with regard to challenging administrative penalty sanctions imposed by the Communications Regulation Commission and with regard to appealing it’s decisions and instructions before the Supreme Administrative Court;
– Leads 8 cases involving challenge of sanctions, imposed by the Regional Departments of the National Health Insurance Fund for pharmacists’ failure to comply with conditions for dispense and reimbursement of medicinal products.
Public procurement experience:
– Provides day-to-day legal advice to a security services provider with regard to the process of awarding procurement contracts and with respect to their relations with contracting authorities and has reached a successful outcome for the client in numerous challenges of public procurement procedures before the Commission for Protection of Competition and the Supreme Administrative Court;
– Assisted one of the largest manufacturers of railway equipment and rolling stock – CAF, in the preparation of tender documentation for participation of public procurement procedure for the supply of the trains for the Sofia Underground;
– Exclusive public procurement consultant of a leading distributor of medicinal appliances on conditions of open public procurement tenders;
– Achieved one of the very few stays of public procurement procedures in Bulgaria by challenging decisions of contracting authorities for opening public procurement procedures.
– Successfully defended Rompetrol Bulgaria EAD in proceedings initiated ex officio by the Commission on Protection of Competition for a suspected concerted practice for parallel pricing between wholesale petroleum products dealers in the country;
– Provides comprehensive day-to-day legal counselling to the second biggest mobile operator in the country on various competition and regulatory issues arising in the telecommunications sector;
– Successfully applied for competition advocacy in parallel proceedings before the Commission for Protection of Competition and before the Supreme Administrative Court for challenging unlawful and anti-competitive clauses concerning the dispense and reimbursement of medicines in all agreements concluded between one of our clients and the National Health Insurance Fund;
– Advises a major local distributor on various competition matters arising within its day-to-day operations in a regulated sector;
– Defends the interests of Sofia Airport EAD in a complex case before the Commission for Protection of Competition and the Supreme Administrative Court related to an alleged abuse of dominance in the form of predatory pricing;
– Advises and represents VM Petroleum in a complex competition procedure against the major fuel wholesalers and retailers in Bulgaria for a number of alleged violations of antitrust law, including potential abuse of joint dominant position and concerted practice.
– Leads several big administrative and civil banking lawsuits concerning claims for compensations for damages as a result of unlawful acts of financial authorities;
– Represents a client before the European Court of Human Rights in a case against the Bulgarian state on the grounds of violation of the right to a fair trial;
– Successfully represented a contracting entity operating in the utilities sector in numerous lawsuits concerning sanctions imposed by the State Financial Inspection Agency for non-compliance with public procurement rules;
– Leads several cases with regard to sanctions imposed by the Communications Regulation Commission against illegal telecom networks;
– Consults several significant local economic operators on complex employment matters, including in-court representation;
– Successfully defended a major ticket distributor in an administrative case against the Commission for Consumer Protection.
Ms. Stoyanova is a member of the Sofia Bar Association.
She is fluent in English and has a good command of German.