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Infrastructure & Projects

Germany

One of Germany’s leading providers of legal advice on infrastructure projects

Complexity and diversity are key features of infrastructure projects and their financing. CMS Germany offers you legal advice that delivers efficient support for complex construction and development projects by applying innovative practical solutions.

With more than 80 lawyers, our Infrastructure and Projects sector group is among the largest of its kind in Germany. As such, we have in-depth knowledge of all aspects of infrastructure projects and their financing.

We combine size with experience and specialist knowledge

Our sector group offers scale combined with the high-quality legal advice that is typical of CMS. All the lawyers have wide-ranging knowledge of the infrastructure field, backed by many years' experience in the development and financing of large-scale projects.

From solar park to airport – we have the legal expertise

Our expertise covers the financing of infrastructure projects in all relevant areas:

  • Energy (in particular solar and wind power plants)
  • Transport (in particular motorways, roads, ports, shipping, railways and airports)
  • Other sectors (especially industrial plants and construction)

Our national and international client base includes project developers, financial institutions and investors, the public sector, construction companies and infrastructure users. We advise them on all aspects of preparing, structuring, financing and implementing infrastructure projects.

Lawyers from multiple practice areas advise on your infrastructure project

You will be assisted by a legal team that brings together expertise covering all the relevant areas of law: public procurement, construction, real estate, public law, banking and finance, as well as bank regulation law. Lawyers from other areas, such as employment, insurance and tax law, are called in as needed.

Service portfolio

We provide support for:

  • Legal design of projects
  • Structuring, preparation and assistance with invitations to tender and contract award
  • Reviewing and negotiating all relevant project contracts and assessing legal risks
  • Obtaining official permits and approvals (particularly under the German Federal Building Code (BauGB), German Emission Control Act (BImSchG))
  • Reviewing and negotiating finance and collateral agreements
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    Public Private Partnership

    CMS Germany offers comprehensive legal advice for stakeholders in infrastructure projects implemented jointly by the public sector and private firms as public private partnerships (PPP). Our clients include public-sector agencies on the one hand and private-sector investors/sponsors, banks and financial institutions on the other.

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    26 Nov 19
    Bridging Con­tin­ents - In­fra­struc­ture In­dex 2019
    07 Apr 20
    FMI pub­lishes de­cree on COV­ID-19 and con­struc­tion con­tracts
    On 23 March 2020, the Fed­er­al Min­istry of the In­teri­or, Build­ing and Home­land Af­fairs (FMI) pub­lished a de­cree on con­struc­tion con­tract is­sues in con­nec­tion with the cur­rent pan­dem­ic. The de­cree has im­me­di­ate...
    June 2019
    CMS In­fra­struc­ture & Pro­jects Glob­al Bro­chure
    03 Apr 20
    State aid avail­able to busi­nesses in Ger­many dur­ing the Coronavir­us...
    Dur­ing the coronavir­us crisis, State aid is a way for busi­nesses to ob­tain li­quid­ity. State aid can be gran­ted by all na­tion­al pub­lic sec­tor bod­ies, in­clud­ing loc­al au­thor­it­ies. There is no dir­ect aid...
    March 2019
    En­ergy Stor­age
    In­fra­struc­ture for our 'Con­nec­ted Fu­ture'
    30 Mar 20
    EU Com­mis­sion calls for closer scru­tiny of for­eign dir­ect in­vest­ment
    Non-EU in­vestors may be con­fron­ted with more ri­gid clear­ance pro­cesses when at­tempt­ing to ac­quire EU com­pan­ies as a res­ult of an un­pre­ced­en­ted call for ac­tion by the European Com­mis­sion. In a policy pa­per...
    Feb 2019
    Elec­tric vehicles and char­ging in­fra­struc­ture
    In­fra­struc­ture for our ‘Con­nec­ted Fu­ture’
    27 Nov 19
    In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over...
    A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que....
    Jan 2019
    Di­git­al - In­fra­struc­ture for our 'Con­nec­ted Fu­ture'
    Glob­al in­fra­struc­ture re­port
    04 Nov 19
    In­tro­du­cing the FID­IC Em­er­ald Book
    Earli­er this year FID­IC re­leased its new “Em­er­ald Book” – Con­di­tions of Con­tract for Un­der­ground Works. This ad­di­tion to the FID­IC suite seeks to fill a gap amongst stand­ard forms as a spe­cial­ist...
    Nov 2018
    Con­nec­ted Fu­ture
    Glob­al in­fra­struc­ture re­port
    17 Oct 19
    Delay ana­lys­is un­der the mi­cro­scope: com­mon sense wins out over meth­od­o­logy
    A de­cision of an Aus­trali­an court last month has con­sidered the evid­en­tial re­quire­ments for prov­ing delay claims in con­struc­tion dis­putes. The de­cision com­ments on the rel­ev­ance of the 2nd Edi­tion of...