Hamburg – SEFE Securing Energy for Europe GmbH (SEFE) has acquired all the shares in WIGA Transport Beteili­gungs-GmbH & Co. KG (WIGA) from its co-shareholder Wintershall Dea AG. The transaction is currently awaiting approval from the competition authorities. SEFE is wholly owned by the Federal Republic of Germany. WIGA owns regulated gas pipeline operators GASCADE Gastransport GmbH and NEL Gastransport GmbH, who operate one of the largest high-pressure gas networks in Germany with a combined length of around 4,150 kilometres. These networks have a key role to play in European energy security and the green energy transformation. The transaction will strengthen SEFE in its role of ensuring secure and reliable energy supply in Germany and Europe, as well as boosting its hydrogen ex­pert­ise.“With the full acquisition of WIGA as sole shareholder, we are strategically strengthening SEFE as an independent and autonomous midstream company,” commented Reinhard Gorenflos, Chairman of the SEFE Supervisory Board.“SEFE being the sole shareholder of WIGA will ensure that GASCADE can convert the existing high-performance infrastructure to hydrogen in the future. In this way, we can help drive forward the green energy transformation. Transportation infrastructure is a pivotal part of the future hydrogen value chain,” said Dr Egbert Laege, CEO of SEFE. “The two WIGA subsidiaries, GASCADE and NEL, will continue to operate independently and market their capacity in a transparent and non-dis­crim­in­at­ory manner.”SEFE CFO Dr Christian Ohlms highlighted the importance of WIGA with regard to the privatisation of SEFE, which is due to take place by the end of 2028: “With this transaction, which is expected to complete by summer 2024, we are strengthening SEFE’s asset base. Our aim is to continue the long-term development of SEFE on a stable financial footing.”A multinational CMS team headed by Hamburg-based partner Dr Holger Kraft advised SEFE on all aspects of acquiring WIGA. In addition to extensive due diligence on the entire WIGA Group, including GASCADE and NEL, which are regulated under energy law, this work covered negotiation of the share purchase agreement and separate agreements with the shareholders of Wintershall Dea AG. Alongside negotiating the transaction agreements, the advice focused on safeguarding the transaction through several W&I insurance agreements, including negotiating the policies, and handling regulatory issues relating to gas network operation and other public-law matters. CMS Germany worked closely with the CMS law firms in the UK and Luxembourg, and with US law firm Faegre Drinker Biddle & Reath LLP. CMS previously advised the Federal Network Agency (BNetzA) and the Federal Ministry for Economic Affairs and Climate Action in 2022 and 2023 around their trusteeship over SEFE and its subsequent nationalisation by way of corporate actions. The instructions for this transaction followed on from that successful cooperation. About SEFE:As an integrated midstream energy company headquartered in Berlin, SEFE Securing Energy for Europe ensures the security of energy supply in Germany and Europe and is driving the green energy transformation. SEFE is active in trading & portfolio management, sales, transportation and storage of energy and has its strongest presence in Germany and the UK. SEFE employs around 1,500 people and supplies over 50,000 customers, in particular industrial customers and municipal utilities in Germany and seven other European markets. With a sales volume of around 200 TWh of power and gas, SEFE plays a central role in stability of the energy supply in Germany and Europe. SEFE is owned by the Federal Government of Germany. CMS Germany Dr Holger Kraft, Lead Partner Dr Jan Schepke, Partner Matthias Sethmann, Principal Counsel Dr Dirk Baukholt, Principal Coun­sel Char­lotte von der Heydt-von Kalckreuth, Counsel Dr Stefan Kühl, Senior Associate Dr Paul Kintrup, Senior Associate, all Corporate/M&A Dr Rolf Hempel, Partner Dr Friedrich von Burchard, Partner Nicole Köppen, Senior Associate, all Regulatory Dr Hermann Müller, Partner Dr Arno Görlitz, Associate, both Public Commercial Law Dr Martin Mohr, Partner Dr Olaf Thießen, Principal Counsel, both Tax Dr Alexandra Schluck-Amend, Partner Manuel Nann, Senior As­so­ci­ate Pit-Jo­hannes Wagner, Associate, all Restructuring Dr Andreas Hofelich, Partner Dr Mario Brungs, Counsel Dr Lena Pingen, Associate, all Em­ploy­ment/Pen­sions Dr Fritz von Hammerstein, Partner Jan Gröschel, Senior Associate Heike Weyer, Senior Associate, all Public Law Dr Stefan Voß, Partner Tamara Bux, Associate, both Real Estate Dr Sebastian Cording, Partner Martin Krause, Partner Dr Shaya Stender, Associate Joel Coché, Associate, all Commercial Dr Julia Runge, Principal Counsel, Finance Dr Michael Bauer, Part­ner Chris­toff Henrik Soltau, Partner Dr Robert Bodewig, Senior Associate Luisa Thomasberger, Associate, all Antitrust, Competition & Trade CMS UK Russel Hoare, Partner Sam De Silva, Part­ner Jean-Fran­cois Willems, Of Counsel Jennifer Louch, Senior As­so­ci­ate Max­imili­an Weaver, Senior Associate Louisa Mottaz, Associate CMS Luxembourg Angelique Eguether, Senior As­so­ci­ate Guil­laume Flagollet, Managing Associate Faegre Drinker Biddle & Reath LLP (USA) Mollie D. Sitkowski Inhouse at SEFE Securing Energy for Europe GmbH Dr Jörg Kammerer Jörn RimkePress Con­tact presse@cms-hs. com

Hamburg – Hanseatic Energy Hub GmbH (HEH) has achieved financial close for the project financing to develop and realise the planned terminal for liquefied gases in Stade. Total investment is some EUR 1.6 billion. Achieving financial close represents a major milestone for Hanseatic Energy Hub GmbH’s land-based terminal.A multi-dis­cip­lin­ary and multi-location CMS team headed by Dr Hilke Herchen and Dr Holger Kraft advised Hanseatic Energy Hub GmbH on developing the project and on preparations to secure the project financing. This included corporate law advice with a particular focus on developing and optimising corporate governance, and on the associated links to the project financing. This advice marks a continuation of the existing close cooperation between HEH and CMS. The CMS team has been providing advice on an ongoing basis since the start of the project, with support for project development around corporate, operation & maintenance and real estate matters in particular. This has included advising on various shareholders joining the project, with a recent example being Enagás S.A. as industrial partner in June 2023. The CMS team conducted a comprehensive due diligence check to put the project financing on a solid footing. The first expansion phase of the project will see an emission-free terminal begin operating in 2027. Its infrastructure is also approved for bio-LNG and synthetic natural gas (SNG). At a later stage, the project will be switched over to hydrogen-based energy carriers such as ammonia. The planned regasification capacity is 13.3 billion cubic metres per year and the send-out capacity is 21.7 gigawatt. From March 2024 until the onshore terminal becomes operational, Hanseatic Energy Hub GmbH will also accommodate one of the five FSRUs (Floating Storage and Regasification Units) chartered by the German federal government. CMS Germany Dr Hilke Herchen, Lead Partner Dr Holger Kraft, Lead Partner Matthias Sethmann, Principal Counsel Dr Luise Pelzer, Counsel Dr Stefan Kühl, Senior Associate Dr Carl-Friedrich Thoma, Senior Associate Dr Josephine Doll, As­so­ci­ate Domin­ic Zimmer, Associate Dr Christian Seeburger, Associate, all Corporate/M&A Dr Fritz von Hammerstein, Partner Katja Meisel, Senior Associate Jan Gröschel, Senior Associate, all Per­mit­ting Mar­tin Krause, Partner Dr Sebastian Orthmann, Partner Dr Hans Fabian Kiderlen, Principal Coun­sel Chris­toph­er Schmeckel, Senior Associate Wiebke Westermann, Associate, all Real Estate Dr Friedrich von Burchard, Partner, Energy & Climate Change Dorothée Janzen, Part­ner  Chris­toph Zarth, Partner Robin Azinovic, Associate, all Commercial Dr Kerstin Block, Partner, Banking & Finance  Dr Martin Mohr, Partner Dr Olaf Thießen, Principal Counsel, both Tax Dr Sebastian Cording, Partner Dr Anna Lena Füllsack, Senior Associate, both TMC Dr Michael Bauer, Partner Luisa Thomasberger, Associate, both Antitrust, Competition & Trade Dr Philipp Nonnenmühlen, Counsel, Labor, Employment & Pensions Dr Martin Gerecke, Partner, IP Birgit Wagner, Legal Manager, Smart OperationsPress Con­tact presse@cms-hs. com

Düsseldorf – US developer Scannell Properties has sold a newly developed logistics property in the Bavarian town of Kitzingen to asset management company Aviva Investors. Strategically located close to the A3 and A7 motorways, the property in ConneKT Logistics Park was completed in July of last year and offers around 12,000 sq m of warehousing. The property is leased to an online retailer for 15 years.A CMS team headed by partner Philipp Schönnenbeck and Dr Franz Maurer advised Scannell Properties on all legal aspects of the transaction. The CMS team previously advised Scannell Properties during the acquisition, development, construction and letting of the logistics property. CMS Germany Philipp Schönnenbeck, Lead Partner Dr Franz Maurer, Counsel, Co-Lead Dr Christian Scherer, Partner Dr Yves Steingrüber, Senior Associate Martin Krause, Partner Maike Füchtmann, Senior Associate, all Real Estate & Public Inhouse at Scannell Properties Marko Klemt, General CounselPress Con­tact presse@cms-hs. com

Hamburg –Hanseatic Energy Hub GmbH (HEH) has chosen the Spanish transmission system operator Enagás as its industrial partner for the operation of the planned terminal for liquefied gases at Stade...

Cologne – CMS has advised Sembcorp Marine Offshore Platforms Pte. Ltd. (“SMOP”) on the conclusion of a Framework Cooperation Agreement ("FCA") with TenneT TSO B.V. ("TenneT"). SMOP, a wholly-owned...

Recent work highlights Investment and disposal Advised Commerz Real on the acquisition of the "Millennium portfolio" from Generali Lebens­ver­sicher­ung. The portfolio comprises 49 office, residential and retail properties with a total rental area of over 352,000 square metres at central locations in German cities. Advised Invesco Real Estate on the sale of the "Prime Four" residential portfolio to Real I.S. The total area of the portfolio is approx. 69,400 square metres with approx. 760 residential and 32 commercial units. Advised DIC Asset on the launch of its largest fund to date with a gross investment volume of EUR 1.6 billion. Subsequently advised on the acquisition of the start-up property Deka Office Hub in Frankfurt from Lang & Cie. AG by way of a forward share deal with a value of approx. EUR 375 million. Advised Allianz Real Estate on the sale of Skyper office property in Frankfurt to a group of HDI Deutschland companies. Skyper is a high-rise building designed for multi-tenant use. It offers around 54,000 square metres of flexible rental space across 35 floors. Advised Allianz Real Estate on the acquisition of 75 % of a portfolio consisting of three office buildings in London's West End worth over EUR 440 million from British Land. Advised real estate investor x+bricks Group on a conditional purchase agreement with the SCP Group for 34 grocery-anchored properties in Germany with a total rental area of some 425,000 square metres. The agreement gives x+bricks access to a property pipeline worth more than EUR 1 billion (GAV – gross asset value). Managers and occupiers Advised Louis Vuitton, Loewe, Givenchy, Berluti, Douglas, Klingenthal and DECATHLON among others on an ongoing basis on asset and property management issues. Recently extensive advice on various COVID-19-related issues. Advised Santander, axion, Allianz Real Estate, Amundi on an ongoing basis on asset and property management issues relating to existing real estate in Germany. Advised Cilon on the lease agreements for the twelve-storey office tower "Sky Eschborn". The main tenant is the Korean automotive supplier Mobis Parts Europe N.V., a Hyundai Motor Group company which has rented around 9,500 square metres of office space. Advised easyJet Airline Company on planned construction of maintenance hangar at Ber­lin-Branden­burg Airport. A CMS team provided comprehensive legal advice during the negotiations and the contractual arrangement of the lease. The hangar will be used for the maintenance of the airline's European fleet and covers an area of approximately 10,000 square metres. EasyJet is also relying on CMS for advice on the construction of the hangar. Financing Advising ELIREF, an Aberdeen Fund, on the financing of the acquisition of a pan-European real estate portfolio. Advised Global Tech Offshore Wind, the operating company behind the 400 MW Global Tech I wind farm in the North Sea, on all legal aspects of a comprehensive refinancing of existing loans. An international CMS team has been providing the operating company with legal support on a regular basis since the project was launched in 2011. Throughout realisation, CMS has provided comprehensive advice on project planning, construction and further rounds of financing. This is one of the first project finance arrangements for an offshore wind farm in Germany. Advised a German pension fund on the financing of Frankfurt 'FOUR' high-rise complex. Each of the four towers under construction was independently financed, including the relevant part of the shared base building. Total investment in the project amounts to more than EUR 1 billion. Advised DIC Asset on all legal aspects of purchasing and financing of the LOOK 21 property in the centre of Stuttgart for around EUR 122 million on behalf of a special AIF. Advising an international insurance company on the review of its entry as a syndicated lender into the financing of a pan-European real estate portfolio with a volume exceeding EUR 500 million. Planning and environmental Advised VERBUND power plant Jochenstein in the planning approval procedure for the construction of a 300 MW pumped storage power plant on the German-Austrian border. Many environmental and planning law as well as procedural issues. One of the largest storage projects in Germany, measure recognised by EU Commission as a PCI. Advised a pharmaceuticals and biotech company on the development plan procedure for the intended plant expansion, in particular on issues relating to planning law, nature conservation and species protection law and water law, local infrastructure issues and local infrastructure charges law, including negotiation of urban planning agreements. Advised an biotech company on the public-law due diligence review in connection with the acquisition of a biotechnology site in Marburg and advice and legal opinion on public-law approval requirements, especially under the German Emission Control Act (BImSchG) at a manufacturing site for highly specialised pharmaceuticals. Advice [kcts] to the Federal State of Brandenburg on environmental law, including advice on contamination law in the course of negotiations on the purchase agreement for the sale of an industrial site to TESLA. Advice and representation of Femern A/S in the planning approval procedure for the Fehmarn Belt Fixed Link. The planned combined railroad and freeway tunnel linking Fehmarn (Germany) and the island of Lolland (Denmark) is one of the largest infrastructure projects in Europe, with an investment volume of more than EUR 7 billion. A CMS team provided comprehensive legal advice on the preparation of the cross-border Environmental Impact Assessment (EIA), the legal management of more than 13,000 objections and the successful representation of Femern A/S before the Federal Administrative Court in legal proceedings brought by several environmental associations, a ferry operator, several municipalities, landowners and other affected private parties over the planning approval decision. Construction and development Advice to INEOS Phenol on the development of a new large-scale cumene production plant in Marl Chemical Park. The advice covers the entire project development with a mul­tidiscip­lin­ary approach, including distribution, license, site establishment, real estate, planning and construction agreements. Advising a project development company on public procurement law in connection with the planned construction of a new cultural facility and a high-rise building with an impact on urban development as well as the legal structuring of the development process with regard to the involvement of a real estate fund. Furthermore, advice on public procurement law with regard to the tendering obligation and applicable award procedures for the lease of a new public authority building to be constructed for security authorities, and other private and public users. Moreover, advice on public procurement, public building and planning as well as state aid law with regard to the development and transaction of a property and its further lease to a contracting authority. Advising a financing institution on the procurement and subsidy law requirements for the construction of a nursing home. Furthermore, advice on public procurement law in connection with the finance lease of trams. Advising a US real property developer in connection with entering the European market. Our comprehensive advice includes the acquisition of real property, the development of eight logistics centres in Germany, several general contractor agreements with construction companies, framework agreement, financing and portfolio exit. Advising Leipzig 416 GmbH on the negotiation of an urban development agreement and four real property purchase agreements for community facilities for residential areas and public transport areas with the City of Leipzig for the Leipzig development area "Eutritzscher Freil­ade­bahnhof". The project development is the largest in the new federal states, covering approx. 25 ha, where approx. 2,400 flats, commercial areas, a school and sports campus as well as two day-care centres are to be built. 

Cologne – Ineos Phenol GmbH will build a state-of-the-art cumene unit in Marl Chemical Park, to be completed in 2021. Cumol is an essential raw material for the production of phenol and acetone. The...

Cologne – CMS Hasche Sigle has advised RAG-Stiftung Beteili­gungs­gesell­schaft mbH on the acquisition of 70% of the shares in the Dorsch Group, supported by CMS Austria, CMS Dubai and legal teams from...