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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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    June 2019
    CMS In­fra­struc­ture & Pro­jects Glob­al Bro­chure
    To meet do­mest­ic and glob­al growth ex­pect­a­tions a huge amount of in­fra­struc­ture will need to be built, re­built, re­fur­bished or ret­ro­fit­ted. The scale and in­vest­ment re­quired to plug this in­fra­struc­ture...

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    03/11/2020
    CMS and Fe­mern A/S win case be­fore Fed­er­al Ad­min­is­trat­ive Court: Green...
    On 3 Novem­ber 2020, the Fed­er­al Ad­min­is­trat­ive Court dis­missed the law­suits brought against the plan­ning ap­prov­al for con­struc­tion of the Fehmarn Belt Fixed Link. In one of the biggest en­vir­on­ment­al cases...
    14 January 2021
    The rise of the glob­al ex­pert ser­vices prac­tice: Court of Ap­peal guid­ance...
    A Court of Ap­peal de­cision earli­er this week has up­held an in­junc­tion gran­ted by the TCC pre­vent­ing an in­ter­na­tion­al ex­pert ser­vices firm from act­ing for more than one party to an in­ter­na­tion­al con­struc­tion...
    03/11/2020
    CMS ad­vises Glob­al Tech I off­shore wind farm on com­pre­hens­ive re­fin­an­cing
    Ham­burg – Glob­al Tech Off­shore Wind GmbH, the op­er­at­ing com­pany be­hind the 400 MW Glob­al Tech I wind farm in the North Sea, has com­pleted a com­pre­hens­ive re­fin­an­cing of ex­ist­ing loans. The wind farm...
    23 October 2020
    The EU FDI Reg­u­la­tion be­comes fully ap­plic­able
    The EU FDI Reg­u­la­tion, which came in­to force in April 2019, in­tro­duces a frame­work for screen­ing FDI in­to the EU. It is not a sep­ar­ate new screen­ing tool at EU level, but a frame­work for co­oper­a­tion and...
    02 October 2020
    Belt and Road Ini­ti­at­ive
    China’s Belt and Road Ini­ti­at­ive (BRI) con­tin­ues to evolve, of­fer­ing new op­por­tun­it­ies for na­tions, com­munit­ies and busi­nessesIt is now ex­pli­citly aligned with many areas that are in­creas­ing pri­or­it­ies for in­ter­na­tion­al busi­nesses, such as ESG prin­ciples and sus­tain­ab­il­ity. But in 2020 it faces un­pre­ced­en­ted head­winds, in­clud­ing the glob­al pan­dem­ic and trade dis­putes.As a lead­er in many Belt and Road sec­tors, CMS has polled and in­ter­viewed over 500 BRI par­ti­cipants around the world, about their cur­rent think­ing on BRI and the pro­spects they see for it.  Our find­ings from China, Asia Pa­cific and Cent­ral and East­ern Europe re­gion are avail­able now.Re­ports on the Middle East, Africa and Lat­in Amer­ica will be pub­lished in the com­ing months.me­di­um­me­di­um­me­di­um­me­di­um­me­di­um­me­di­um
    04 September 2020
    Ger­many: Min­istry's draft bill for Pat­ent Law Mod­ern­isa­tion Act in­cludes...
    Is this the end of "auto­mat­ic in­junc­tions" for pat­ent in­fringe­ment in Ger­many? On 1 Septem­ber 2020, the Fed­er­al Min­istry of Justice and Con­sumer Pro­tec­tion presen­ted the min­istry's draft bill (Ref­er­enten­ent­wurf)...
    26 November 2019
    Bridging Con­tin­ents - In­fra­struc­ture In­dex 2019
    The CMS In­fra­struc­ture In­dex ana­lyses data across 50 jur­is­dic­tions against six cri­ter­ia to cre­ate a guide to the most at­tract­ive des­tin­a­tions for in­fra­struc­ture in­vest­ment.In Bridging Con­tin­ents, the 2019 CMS In­fra­struc­ture In­dex, we see that in­fra­struc­ture is con­nect­ing people world­wide at an un­pre­ced­en­ted pace. De­vel­op­ing eco­nom­ies are in­vest­ing heav­ily in roads, rail and air­ports to drive eco­nom­ic growth and bring them closer to in­ter­na­tion­al trad­ing part­ners and the rol­lout of 5G and build­ing of smart cit­ies are cre­at­ing new di­git­al high­ways. Ger­many has taken top spot.  Ger­many’s fo­cus on sus­tain­ab­il­ity and in­nov­a­tion is the driv­ing force be­hind its po­s­i­tion. The coun­try is aim­ing to make cli­mate ac­tion part of the Ger­man na­tion­al iden­tity and sup­port­ing this through a num­ber of off­shore wind pro­jects, con­struc­tion of a fourth elec­tri­city high­way and an ex­tens­ive EV char­ging pro­gramme. The UK’s story is not so pos­it­ive.  We see the UK fall from fourth in 2017 to ninth in 2019.  The Brexit-ef­fect.  There is a steady pipeline in some in­fra­struc­ture sec­tors, for ex­ample rolling stock re­new­als in Eng­land and trans­port in Scot­land.  There is also a shift from primary to sec­ond­ary in­vest­ments. However, un­sur­pris­ingly the polit­ic­al un­cer­tainty has led to delays on flag­ship pro­jects (e.g. HS2 and Heath­row air­port) and a de­crease in lend­ing to UK pro­jects. An­oth­er coun­try to note is China, which has ris­en by 10 points since the 2017 in­dex and is now in 18th po­s­i­tion.  5G is in­stru­ment­al in China’s in­creased rank­ing, due in part to ma­jor cor­por­a­tions such as Hua­wei and ZTE ; over 10 mil­lion ad­vance or­ders for 5G data plans were sub­mit­ted to China’s three mo­bile op­er­at­ors, and they will de­ploy a total of 130,000 stan­dalone 5G base sta­tions across the coun­try by the end of 2019. As the world fo­cuses on cli­mate change and sus­tain­ab­il­ity, we see this trans­fer­ring to the in­fra­struc­ture sec­tor too.  In­fra­struc­ture as­sets have a vi­tal role in cli­mate change mit­ig­a­tion and eco­nom­ic, so­cial and gov­ernance (ESG) cri­ter­ia are an in­creas­ingly pop­u­lar way for in­vestors to eval­u­ate com­pan­ies in which they might want to in­vest.  However, the sec­tor is fa­cing a num­ber of chal­lenges, in­clud­ing lack of gov­ernance, an ab­sence of ob­ject­ive stand­ards and as a res­ult, no reg­u­la­tions on how to re­port and meas­ure per­form­ance.  Reg­u­lat­ors glob­ally are work­ing to cre­ate their own reg­u­la­tions in this area but with each coun­try cre­at­ing its own stand­ards, in­ter­na­tion­al op­er­at­ors will face a com­plex mat­rix of re­quire­ments for dif­fer­ent pro­jects around the world. In this year’s re­port, we see some very strong rep­res­ent­a­tion from the Amer­icas. Lat­in Amer­ica has some mega in­ter­con­nectiv­ity pro­jects, present­ing some ex­cit­ing de­vel­op­ments.  Ex­amples in­clude a 3,500km-long sub­mar­ine fibre op­tic net­work from the north to the south of Chile and the re­cently com­pleted 10,000km sub­sea cable con­nect­ing Cali­for­nia to Chile.  On the oth­er side of the con­tin­ent, Brazil is work­ing on the in­nov­at­ive 9,300km El­laLink sub­sea cable sys­tem bridging between the Amer­ic­an (Brazil) and European con­tin­ents (Por­tugal and Spain).Over­all, the in­fra­struc­ture sec­tor presents a pos­it­ive pic­ture in an un­cer­tain world.  Gov­ern­ments glob­ally are in­vest­ing heav­ily in in­fra­struc­ture as­sets to stim­u­late their eco­nom­ies.  On the flip side, there is sup­ply of cap­it­al as in­vestors look for long-term in­vest­ments.  
    27 August 2020
    Tail­ings Man­age­ment and New Stand­ards of Reg­u­la­tion
    Tail­ings dam fail­ures have put the min­ing in­dustry in the head­lines for the wrong reas­ons in re­cent years. Dam fail­ures can have dis­astrous con­sequences in terms of loss of life and en­vir­on­ment­al dam­age...
    June 2019
    CMS In­fra­struc­ture & Pro­jects Glob­al Bro­chure
    To meet do­mest­ic and glob­al growth ex­pect­a­tions a huge amount of in­fra­struc­ture will need to be built, re­built, re­fur­bished or ret­ro­fit­ted. The scale and in­vest­ment re­quired to plug this in­fra­struc­ture...
    07 August 2020
    Treaty claims for can­celled or mod­i­fied in­fra­struc­ture pro­jects in the...
    A re­cent IC­SID tribunal has denied an in­vestor’s claim con­cern­ing the de­vel­op­ment of an air­port pro­ject in Latvia. The in­vestor was un­able to pro­ceed with the con­struc­tion of its pro­ject due to nu­mer­ous...
    March 2019
    En­ergy Stor­age
    It is re­cog­nised that flex­ib­il­ity in the elec­tri­city sys­tem will be­come in­creas­ingly valu­able in the com­ing years as the wider en­ergy trans­ition, in­clud­ing the great­er pen­et­ra­tion of in­ter­mit­tent, dis­trib­uted...
    05 June 2020
    Ad­vance pay­ment bonds: “step­ping down” pro­vi­sions and more guid­ance on...
    Last month we re­por­ted on a TCC de­cision which con­sidered the re­quire­ments for mak­ing and re­ject­ing a de­mand un­der an ad­vance pay­ment bond sub­ject to the URDG. Very sim­il­ar is­sues have now been con­sidered...