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Portrait ofAndreas Otto

Dr. Andreas Otto

Partner
Rechtsanwalt, Notary Public | Co-Head of the CMS Real Estate Group

CMS Hasche Sigle
Lennéstraße 7
10785 Berlin
Germany
Languages German, English, Spanish

Andreas Otto’s practice covers all aspects of commercial real estate law. With special hotel and leisure as well as retail sector expertise, he advises German and international property owners, investors and project developers on transactions and project developments. Andreas is particularly experienced acting for Spanish investors and Spanish companies operating in Germany whom he advises on their business activities together with a fully bilingual team. In this context, he also coordinates the German-Spanish group within the CMS organisation. In addition, Andreas has a strong, internationally focused notary practice, providing notarial services for real estate and corporate transactions.

Major industry publications regularly recommend him for his profound sector expertise and efficient advisory work.

Andreas joined CMS in 1995 and was made partner in 2000. In 2007, he qualified as a notary and has been a board member of the Berlin Chamber of Notaries since 2017.

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„Oft empfohlen“ für Immobilien- und Baurecht

JUVE Handbuch, 2023/2024

Listed for Travel Law

Deutschlands beste Anwälte 2023 – Handelsblatt in Kooperation mit Best Lawyers

Listed for Dispute Resolution

Deutschlands beste Anwälte 2023 – Handelsblatt in Kooperation mit Best Lawyers

Listed for Real Estate

Deutschlands beste Anwälte 2023 – Handelsblatt in Kooperation mit Best Lawyers

"Recommended" for Real Estate and Construction

JUVE German Commercial Law Firms 2021 (GCLF)

"At CMS Hasche Sigle, Andreas Otto draws praise for his work in commercial real estate matters. He focuses his standout practice on transactional and development matters relating to hotel, retail and leisure projects."

Who's Who Legal 2019

"highly experienced", client

JUVE German Commercial Law Firms 2018 (GCLF)

"levelheaded and pragmatic", client

JUVE German Commercial Law Firms 2018 (GCLF)

"competent and collegial", competitor

JUVE German Commercial Law Firms 2018 (GCLF)

"Recommended"

JUVE German Commercial Law Firms 2018 (GCLF)

"Andreas Otto often advises Spanish investors on transactions involving Germany. He also assists Spanish clients with joint ventures and mergers with German companies and has a number of clients from the hotel sector."

Chambers Global, 2017

"Andreas Otto co-ordinates cross-border transactions between Spain and Germany from the Berlin office. Areas of focus include real estate, projects and general corporate matters."

Chambers Global, 2017

Listed for real estate law

Deutschlands beste Anwälte 2016 – Handelsblatt in Kooperation mit Best Lawyers

"The ‘proactive and efficient’ Andreas Otto heads CMS’ 58-strong team, which has ‘established itself as one of the top providers of real estate advice in Germany’"

The Legal 500 EMEA, 2015

"Andreas Otto heads the real estate and public law practice group. Clients say: ‘He is always available when we need him. He understands the specific requirements […] very well and has extensive experience in solving problems.’"

Chambers Europe, 2015

"His Spanish language abilities and knowledge of the market in Spain make him a popular contact for Spanish clients, and sources describe him as ‘strategically minded, with a good overview of the mandate.’"

Chambers Europe, 2014

"Recommended" for Real Estate

JUVE German Commercial Law Firms 2022 (GCLF)

Relevant experience

  • Valor Real Estate Partners LLP: Acquisition of logistics complex at Neuss harbour
  • Santander Private Real Estate Advisory & Management: Sale of a portfolio of four commercial properties to various buyers
  • US-entertainment group Advance Publications: Advice on acquisition of musical group Stage Entertainment from CVC Capital Partners and Joop van den Ende
  • CDL Hospitality Trust (REIT based in Singapore) / Acquisition of the four-star Pullman Hotel in Munich
  • Invesco Real Estate / Acquisition of the Adina Apartment Hotel in Nuremberg from FREO Group
  • AOK Nordost / Advice on the sale and partial lease-back of a real-estate portfolio of 42 properties in Berlin, Brandenburg and Mecklenburg-Vorpommern. The sale was carried out in a structured bidding process
  • Luxembourg-based investment corporation / Advice on the acquisition of a residential portfolio from Nicolas Berggruen Holding
  • Advising Azora Group on the acquisition of hotels in Berlin and Cologne as well as on the hotels‘ day-to-day operation (management contracts); most recently negotiating and concluding a management contract with Steigenberger Hotels including refurbishment contracts
  • Advising Thai group Fico Corporation on the acquisition of a hotel portfolio (sale-leaseback transaction) from Grand City who also operate the hotels
  • Advising Hoteles Turísticos Unidos (Hotusa) on their expansion in Germany, particularly on the development and sale and leaseback of Hotel Eurostars in Berlin
  • Advising Louvre Hotels Group on a transaction related to a portfolio of ten Balladins hotels in Germany
  • Long-standing (approx. 20 years) client relation with Meliá Hotels International: Advising on the group’s expansion in Germany, including the acquisition of the INNSIDE hotel chain with twelve 4- and 5-star hotels, as well as advising on all new hotel projects in Germany
  • Advising NH Hotels on restructuring and expansion in Germany
  • Advising RIU Hotels on the opening of the RIU Plaza Berlin, the Spanish hotel chain’s first German property
  • Advising the Spanish property company Metrovacesa in the tender process for the acquisition of a real estate portfolio owned by Daimler AG at Berlin’s Potsdamer Platz (incl. Hyatt hotel); advising the client throughout the entire process until the final decision was made by the seller, including due diligence and negotiation of purchase contract
  • Advising a group of Spanish investors supported by Tenigla Real Estate on the acquisition of a commercial building near Duesseldorf Airport
  • Advising Santander Real Estate on the acquisition and sale of two former Hertie properties in Berlin-Schoeneberg and Berlin-Tegel
  • Advising Santander Real Estate on the acquisition, asset management and sale of the former Niketown
  • Advising Santander Real Estate on the acquisition and later sale of a commercial property in Berlin-Mitte with, amongst other, H&M and the Goethe Institute as tenants
  • Advising Santander and Pontegadea on the asset management of “The Q”, a Berlin shopping centre, and on its sale to Tishman Speyer; largest individual property transaction in Berlin in 2015
  • Advising Ludwig Beck on the acquisition of Wormland, a German men’s clothing retailer
  • Advising Spanish fashion label Desigual on its expansion in Germany
  • Advising AOK Nordost on the sale of the "Haus der Gesundheit" property on Berlin’s Karl-Marx-Allee near Alexanderplatz
  • Advising Spanish bank ABANCA on the refinancing of a hotel in Berlin
  • Advising Infinorsa, a Spanish investor, on the acquisition of two commercial properties in Berlin-Mitte
  • Advising Infinorsa on the sale of the head office of Deutsche Gesetzliche Unfallversicherung e.V.
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Memberships & Roles

  • Berlin Chamber of Notaries
  • ImmoEbs
  • ULI
  • German Chamber of Commerce for Spain
  • Spanish Chamber of Commerce for Germany
  • German-Spanish Lawyers‘ Association
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Publications

  • "Holiday Properties in Spain - Particularities of Purchase, Sale, Inheritance and Donations in Consideration of Tax Aspects", NWB Erben und Vermögen 2018, page 248
  • Standardvertragsmuster zum Gesellschaftsrecht Deutsch-Spanisch, Verlag C.H. Beck 2. Auflage 2016
  • Handbuch Bauzeit, Werner Verlag, 3. Auflage 2016, Co-Author
  • Besprechung Beck'scher VOB-Kommentar, Vergabe- und Vertragsordnung für Bauleistungen Teil B, 3. Auflage 2013, NZBau 2013, p. 688
  • Handbuch Bauzeit, Werner Verlag, 2. Auflage 2013, Co-Author
  • Vertragsbuch Privates Baurecht (Co-Editor and Co-Author), Verlag C.H.Beck, 2. Auflage 2011
  • Handbuch Bauzeit, Werner Verlag 2010, Co-Author
  • Überblick über das neue Forderungssicherungsgesetz, Zeitschrift für Immobilienrecht ZfIR 1/2009, p. 1 ff
  • Forderungssicherungsgesetz: Sind die Fenster drin, muss der Bauherr bezahlen, Immobilien-Zeitung, Heft 27/2008
  • Standardvertragsmuster zum Gesellschaftsrecht Deutsch-Spanisch, Verlag C.H. Beck 2007
  • "Bürgschaft auf erstes Anfordern nicht in AGB" , Immobilien Zeitung 2005
  • Vertragsbuch Privates Baurecht (Co-Editor and Co-Author), Verlag C.H. Beck 2005
  • Sociedad Anónima y Sociedad Limitada: Bienvenidos a Alemania, Práctica Comercial, Beilage zur Jubiläumsfestschrift der Amtlichen Spanischen Handelskammer für Deutschland 2004
  • Anmerkung zu den Entscheidungen des Bundesgerichtshofs vom 22.01.2003 (VII ZR 183/02, VII ZR 267/02, VII ZR 68/03),Sicherheit nach § 648 a BGB nach Abnahme und Kündigung und Leistungsverweigerungsrecht wegen Mängeln, BauR 2004, p. 838 ff
  • Kostenrisiken des Streithelfers im Bauprozess bei Vergleich durch die Hauptparteien, BauR 2004, p. 1528 ff
  • Sicherheit auch in der Gewährleistungsphase, Immobilien-Zeitung 2004
  • El Código alemán de Gobierno Corporativo, INF Zeitschrift für den deutsch-spanischen Rechtsverkehr 2002, p. 77 f
  • Zur Frage der Verjährung von Abschlagsforderungen des Architekten und des Werkunternehmers, BauR 2000, p. 350
  • Ley sobre la aceleración de pagos vencidos en comperación con la legislación espanola, Informaciones - Zeitschrift der Deutsch-Spanischen Juristenvereinigung 2000
  • Zur Ablösung des Bareinbehalts durch Gewährleistungsbürgschaft beim VOB-Vertrag, BauR 1999, p. 322
  • Derecho de insolvencia - la "reforma del siglo" en Alemania, Economía Hispano-Alemana 1995
  • Neues Mietgesetz in Spanien, Deutsch-Spanische Wirtschaft 1995
  • Das Ehegüterrecht nach dem Einigungsvertrag, Gieseking-Verlag 1994, doctoral dissertation
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Lectures list

  • Numerous talks and seminars on real estate law, amongst others, at IRE|BS Immobilienakademie, Humboldt University Berlin as well in the context of conferences and events of renowned seminar organisers
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Education

  • 1995: Second state examination in law
  • 1994: Half-year stint with German Chamber of Commerce in Madrid
  • 1991 - 1995: Research assistant at Bonn University’s Institute for Civil and Civil Procedure Law
  • 1993: PhD; thesis on a topic related to the German Unification Treaty
  • 1991: First state examination in law
  • Law studies in Bonn
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Feed

19/12/2023
CMS advises Vattenfall on all aspects of selling its district heating business...
Hamburg – Vattenfall has completed a strategic review of its Berlin district heating business and decided to sell it in full to the Federal State of Berlin. An agreement to this effect was signed by...
14/08/2023
Penta Hotel in Berlin-Koepenick switches to Leonardo with CMS
Berlin – The Penta Hotel in Berlin's Koepenick district has changed hands. The hotel chain Leonardo has acquired the property from a closed real estate fund as part of an asset deal. Leonardo will also...
03/05/2023
Real estate transaction costs and taxes in Germany
1. Due diligence costs for the purchase of real estate 1.1 Municipal search Cost Administrative fees for copies or excerpts from public registers may vary regionally from EUR 10 to EUR 50 (per land...
21/12/2022
CMS advises Bauwert AG shareholders on strategic partnership with WING...
Leipzig – The Berlin-based project developer Bauwert AG has entered into a strategic partnership with the Hungarian WING Group and the international investment and asset manager Griffin Capital Partners...
01/11/2022
CMS Expert Guide to commercial rent payments
The COVID-19 pandemic led many tenants to re-negotiate their lease agreements, others in turn have stopped paying rent or paid a reduced amount. After over a year of the pandemic bringing various business...
28/10/2022
CMS Real Estate Global Brochure
Globalisation, political turbulence, changes in urban living patterns, increased digitisation, shifting consumer behaviour and flexible working are just some of the issues that are transforming the demands...
06/07/2022
Repurposing Real Estate: The future of the world's towns and cities
A radical rethink for global property – and where we live, work and play As the real estate world emerges from the pandemic it is clear that all around us the urban landscape is changing. Many properties are obsolete but also have exciting futures with new uses. Our town centres and cities are undergoing fundamental change – which all adds up to a world focused on Repurposing Real Estate. Now in its tenth year, our Real Estate Thought Leadership series has covered topics such as the rise of international investment in the UK, the growth of tech, the future of the office, the rapid rise of industrial & logistics and the arrival of build-to-rent as a major asset class. This year, with the Government having published its Levelling Up & Regeneration Bill, we focus on the future of towns and cities not only in the UK but in a series of key global investment hubs: Germany, France, the Netherlands, Spain, Singapore and the United Arab Emirates. After two years of lockdowns, working, shopping and socialising at home, a debate is raging about the future of town and city centres. Will they recover? How will they look in ten years? Will urbanisation go into reverse? And what does this mean for the real estate world?In `Repurposing Real Estate’ we provide the first answers having polled more than 300 leading industry professionals and almost 15,000 global consumers. The results are fascinating: almost a third of real estate is earmarked for conversion – with retail and offices to housing the most popular choices. Consumers want more green and open space, having spent too long confined to their own homes. But the good news is that investors, having come through the pandemic, are still confident in real estate as an asset class. The big changes will be in what property they invest in, meaning the places we live, work and play in may be very different in the years to come.
21/06/2022
CMS appoints six new practice and sector group heads
CMS is pleased to announce new heads for four of its international expertise groups. All CMS lawyers work in cross-border groups across more than 40 countries worldwide that are structured according to...
14/06/2022
CMS European Real Estate Deal Point Study 2022
Real estate investment markets remain stable whilst buyers continue to catch up in contractual risk allocation Logistics assets more popular than everDemand from international investors reaches record high accounting for 55% of deals, with most international investors still being from within EuropeIncreased desire for security on the part of sellers continued to be a feature in 2021: share of transactions in which the buyer's payment obligations are secured reaches another record high­Buy­er-friendly trend in contractual risk allocation continues as seller-friendly provisions on limitation of liability continue to declineThe European real estate investment market appears to have largely recovered from the consequences of the COVID-19 pandemic in 2021. Compared to the pan­dem­ic-stricken previous year, total investment increased by around 15% to approximately EUR 270 billion, marking a return to the pre-crisis level. Logistics assets performed particularly well last year, having become the focus of investors’ attention due to their stable income flows and the ongoing growth of online shopping. Demand from international investors was also up again in 2021, with intra-European transactions being the rule. 2021 also brought a new record high in the number of transactions in which the buyer's payment obligations were secured. With regard to contract design, the buyer-friendly trend continued, as reflected especially by a decrease in de minimis and basket clauses as well as caps. Logistics assets more popular than ever Office properties were a popular asset class in 2021 despite all the uncertainty surrounding the COVID-19 pandemic, although some market share was lost to logistics and residential. The slight downward trend in office transactions handled by CMS seen in previous years nonetheless continued, with their share declining from 30% in 2020 to 19%. The reason for the declining proportion of transactions in the office segment is likely to be two-fold, combining the lack of available core properties and the current uncertainty around the impact of hybrid ways of working on demand for office space. The residential and logistics asset classes on the other hand were especially popular in 2021, each with a market share of 23%, compared to 22% and 19% respectively in 2020. One of the key factors for this trend was the stable income generated by residential and logistics properties, which is particularly attractive to investors. Logistics assets additionally benefited from the ongoing growth of online shopping, which was boosted recently by the COVID-19 pandemic and the related closure of retail shops, leading to an increased need for delivery and distribution centres. High demand from international, mostly intra-European, investors International investors were more active again last year: they accounted for 55% of deals in 2021, compared to 43% in 2020. In 2020, international investors had a difficult time, not least due to the impact of the COVID-19 pandemic. The associated travel restrictions meant that many international investors from other continents were forced to postpone their planned transactions. The property market seems to have recovered from these effects last year, with a new record 55% of transactions involving foreign investors. However, these foreign investors were mostly from within Europe; the number of intercontinental transactions remained below pre-pandemic levels in 2021. Sellers seek security An increased desire for security on the part of sellers continued to be a feature in 2021. The share of transactions in which steps were taken to ensure that the buyer met its financial obligations rose further in 2021. Sellers were granted security in more than two thirds of cases (70%). This trend is consistent with 2020, when an increased desire for security on the part of sellers was already apparent. In contrast, security was agreed in less than 50% of all transactions in the period from 2015 to 2018. The current high level is due in part to an increased desire for security on the part of sellers as a result of the COVID-19 pandemic; they were often uncertain about the buyer’s solvency going forward. Buyers continue to catch up in contractual risk allocation Buyers were able to catch up further in terms of contractual risk allocation. The proportion of transactions with seller-friendly de minimis clauses and basket clauses (i.e. clauses that provide for a threshold or minimum limit for guarantee claims by the buyer) stagnated or declined somewhat compared with the preceding years. In the previous year, after a noticeable decline, agreements aimed at limiting liability were made in 44% (de minimis clauses) and 41% (basket clauses) of cases. The share of deals with a basket clause fell further to 32% in 2021. As in 2020, a de minimis clause was included in 44% of the transactions analysed. A similar trend was seen in con­trac­tu­ally-agreed liability caps. Whilst the proportion of transactions with a cap was well over 60% in some cases in the years up to 2018, the percentage of agreements with a con­trac­tu­ally-agreed maximum liability fell slightly from 56% in 2020 to 50%.
01/02/2022
Your notaries at CMS Germany
Your notaries Many legal transactions involving corporate law and real property law require certification by a German notary. The purpose of notarisation is to ensure that these par­tic­u­larly im­port­ant...
23/12/2021
CMS advises home24 on acquisition of homeware specialist BUTLERS
Berlin – Berlin-based home24 SE, a leading pure-play home & living e-commerce platform in continental Europe and Brazil, has acquired all the shares in Butlers, a retailer of homeware, decorations and...
29/07/2021
CMS advises easyJet on planned construction of maintenance hangar at Ber­lin-Branden­burg...
Berlin - easyJet Airline Company Ltd. has signed a lease agreement for a hangar location with the Flughafen Ber­lin-Branden­burg GmbH (FBB). The hangar will be used for the maintenance of the airline's...