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Real Estate & Public

Comprehensive legal advice on real estate and public-sector matters

The Real Estate & Public practice is the biggest of its kind in Germany. It provides advice to the entire real estate and construction sector while also handling all issues involving the public sector. In doing so, the practice brings together all the relevant areas of law in a unique way.

In line with client requirements, the practice is divided into three sections:

  • Public - Advice involving the public sector
  • Construction - The entire project development value chain, including planning and construction
  • Real Estate - Comprehensive legal advice in connection with real estate as an asset class

Our strength: a comprehensive approach

The advisers at CMS Germany regard Real Estate & Public as an integrated area of law, business and life. This way of looking at things distinguishes us both from the major international commercial law firms and from smaller firms with a narrower focus.
In line with this philosophy, complex matters are resolved by a team comprising specialist lawyers from different (or related) areas of law.

We also provide expert coverage of interdisciplinary fields such as corporate law, financing and tax, state aid, administrative and environmental law, procurement, competition, antitrust and copyright law.

For cross-border projects we assemble international teams in conjunction with our foreign offices, which are led by a designated contact person.

Broad-based expertise for a wide range of clients

We successfully advise national and international market leaders in the real estate sector and construction industry, small and midsize construction companies, property developers, architects, engineers and project managers.

Our references include public corporations, banks and insurance companies, in addition to big-name institutional investors and industrial enterprises. The practice's sector expertise is wide-ranging – from the real estate and construction industry, hotels, financial sector, energy, utilities and waste management operators through telecom service providers, transport and infrastructure companies to the pharmaceutical industry.

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Immobilienwirtschaftsrecht
Real Estate
Property transactions “made by CMS Germany”. Our team specialises in all matters related to real estate transactions. This applies to all
Construction
Real Estate & Public - Construction
Project development and construction projects – in safe hands with us. Our team excels in the development and management of large-scale real est
Public
Real Estate & Public - Public
We can help with your public law matters. Our specialised team has many years of experience in advising investors, companies and the public sector on
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%.
CMS Kamingespräche Construction (in German)
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04/01/2021
Synopse zur Änderung der HOAI
Das Bundesmin­is­teri­um für Wirtschaft und Energie hat am 7. August 2020 auf das Urteil des Europäischen Gerichtshofs vom 4. Juli 2019 reagiert und somit einen Ref­er­enten­ent­wurf für eine Verordnung zur...

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01/03/2024
Pre-conditions to arbitration and the FIDIC 2nd Edition
Amendments to the FIDIC 2nd Edition contracts published in November 2022 have narrowed the definition of “Dispute” to more closely align it with the pre-conditions to DAAB and arbitration proceedings...
28/02/2024
CMS advises Bruker on the multi-jur­is­dic­tion­al acquisition of ELITech,...
Frankfurt/Main – Bruker has agreed to acquire ELITechGroup, a provider of specialty in vitro diagnostic (IVD) systems, from TecFin S.à r.l., a controlled affiliate of PAI Partners, a pre-eminent private equity firm, for EUR 870 million in cash, excluding the carved out ELITech clinical chemistry business. The transaction is expected to close in the second quarter of 2024, subject to regulatory approvals and other customary closing conditions.A team of CMS Germany headed by lead partner Dr Hendrik Hirsch acted as lead transaction counsel on this landmark transaction for Bruker's MDx business covering all M&A aspects of the transaction, IVDR and other regulatory aspects, antitrust and FDI filings, the carve out of the clinical chemistry business and support on the employee consultation processes in France and the Netherlands. ELITechGroup, with over 500 employees and over 40 active patents, develops and commercializes innovative, proprietary molecular diagnostic (MDx) systems and assays, as well as niche biomedical systems and microbiology products. Its molecular diagnostic business accounts for the majority of the to-be-acquired revenues and provides the unique sample-to-answer (S2A) instruments InGenius® and Be-Genius® in the mid-to-high throughput MDx category with PCR diagnostic assays for infections and diseases. ELITechGroup, excluding the clinical chemistry business, achieved approximately EUR 150 million in revenues in 2023. ELITechGroup generates the majority of its revenues from Europe, with significant business also in North and Latin America. Its major R&D and production sites are in Italy, the United States, France and Germany. CMS Germany Dr Hendrik Hirsch, Partner, Co-Lead Dr Jacob Siebert, Partner, Co-Lead Dr Dirk Baukholt, Principal Counsel Dr Berrit Roth-Mingram, Counsel Dr Maximilian Stark, Senior Associate, all Corporate/M&A Dr Roland Wiring, Partner Lukas Burgdorff, Associate Noah Rodenkirchen, Associate, all Regulatory & Lifesciences Dr Thomas Hirse, Part­ner Se­basti­an Vautz, Senior Associate Lisa Dietrich, Associate, all IP Dr Michael Bauer, Partner Stefan Lehr, Partner Kai Neuhaus, Partner Moritz Pottek, Counsel Dr. Denis Schlimpert, Counsel Kirsten Baubkus-Gerard, Senior Associate David Rappenglück, As­so­ci­ate Be­ne­dikt Christian Voss, Associate, all Antitrust, Competition & Trade Dr Thomas de la Motte, Partner Dr Markus Pfaff, Partner Dr André Frischemeier, Partner Hatice Aykel, Counsel Alisa Brehm, Senior Associate Thomas Schaak, Senior Associate Dr Sait Dogan, Associate, all Banking & Finance  Dr André Lippert, Part­ner Con­stan­ze Schweidtmann, Associate, both Real Estate & Public Dr Boris Alles, Partner Dr Theresa Kipp, Senior Associate, both Labor, Employment & Pensions CMS France Benoît Gomel, Partner Vincent Desbenoit, Associate Dylan Allali, all Corporate/M&A Caroline Froger-Michon, Partner Aurélie Parchet, As­so­ci­ate Ca­m­ille Baumgarten, Associate Sophie Yin, all Em­ploy­ment Claire Vannini, Partner Eleni Moraïtou, Coun­sel Lilia-Ori­ana Dif, Associate Ariane Rolin, all Competition & EU  Jean-Bap­tiste Thiénot, Partner Anaïs Arnal, Associate, both Intellectual Property Laurine Mayer, Associate, TMC Alexandre Chazot, Counsel, Banking & Fin­ance  Thi­erry Granier, Partner Renaud Grob, Partner, both Tax Arnaud Valverde, Senior Associate, Real Estate Olivier Kuhn, Partner Cécile Rebiffé, Counsel Mylène Garrouste, all Dispute Res­ol­u­tion Kawthar Ben Khelil, Coun­sel Jean-Pierre Malili, Associate, both Public law/In­fra­struc­ture CMS Italy Massimo Trentino, Partner, Corporate/M&A Maria Letizia Patania, Partner, Lifescience & Healthcare Gian Marco Lettieri, Senior Associate, Employment & Pensions Giulio Poggioli, Counsel Valerio Giuseppe Daniele, As­so­ci­ate Francesca Durante, Junior As­so­ci­ate  Arianna Toccaceli, Junior Associate, all Banking & Finance CMS Luxembourg Gérard Maitrejean, Partner Miruna Poenaru, Coun­sel Max­imili­an Helfgen, Associate, all Corporate/M&A CMS UK Jack Letson, Partner Lindsay McAllister, Associate, both Corporate/M&A David Dennis, Partner, Commercial CMS Netherlands Pieter van Duijvenvoorde, Partner Robert Jong, both Corporate/M&A Nigel Henssen Fleur van Assendelft de Coningh, both Employment Edmon Oude Elferink, Partner Marijke van der Vossen, both Antitrust, Competition & Trade CMS Serbia Radivoje Petrikić, Partner Mila Drljević, both Corporate/M&A CMS Austria Dieter Zandler, Partner Vanessa Horaceck, both Competition & EU CMS Ukraine Maria Orlyk, Partner Diana Valyeyeva CMS Turkiye Döne Yalçın, Partner Arcan Kemahlı,  Sa­ba­hat­tin Öztemiz Taner ElmasPress Con­tact presse@cms-hs. com
23/02/2024
The CBAM – what is it and how will it affect the market?
Regulation (EU) 2023/956 establishing a carbon border adjustment mechanism (CBAM) entered into force on 17 May 2023. The implementation of the CBAM has been divided into a transitional period (from 1...
21/02/2024
CMS advises MVZ Laaff on sale to amedes
Stuttgart – The founder of medical laboratory MVZ Laaff, Prof. Helmut Laaff, has sold MVZ Laaff GmbH with its facilities in Freiburg, Heilbronn and Ulm to the amedes Group. amedes is a leading German lab services provider, operating a number of healthcare centres throughout Germany with different specialisations. MVZ Laaff provides services in fields of medicine including derma­to­path­o­logy, general pathology, immunohistology, molecular pathology and cytology, and is one of the leading laboratories in these specialist areas. Details of the transaction were not disclosed.A CMS team headed by lead partner Dr Christoph Lächler advised Prof. Helmut Laaff on all legal aspects of the transaction. The sale took place by way of an auction process. A particular focus of the advice was on structuring the transaction and the associated regulatory issues. CMS Germany Dr Christoph Lächler, Lead Part­ner Stefan-Ul­rich Müller, Partner Dr Jacob Siebert, Partner Viktoria Barthel, Senior Associate Tobias Kalski, Senior As­so­ci­ate An­dreas Kazmaier, Associate, all Corporate/M&A Dr Roland Wiring, Partner Dr Siham Hidar, Senior Associate, both Regulatory Dr Harald Kahlenberg, Partner Angelika Wieczorkowski, Senior Associate, both Antitrust, Competition & Trade Dr Stefan Voss, Partner Lukas Potstada, Counsel, both Real Estate Dr Martin Mohr, Partner, TaxPress Con­tact presse@cms-hs. com
14/02/2024
CMS advises automotive supplier Webasto on sale of charging business to...
Cologne – Webasto, a leading global automotive supplier headquartered in Stockdorf near Munich, has sold a majority stake in its charging solutions business. The business includes charging cables, mobile chargers and wallboxes. The German company is one of the 100 largest suppliers to the automotive sector worldwide and will remain invested in the division as a minority shareholder. It intends to focus on its core business segments going forward. In 2022, Webasto took the strategic decision to seek an investor for the charging solutions business. The buyer is private equity firm Transom Capital Group, based in Los Angeles, USA. The two companies signed a purchase agreement on 7 February 2024. Further details of the transaction were not disclosed.A CMS team headed by lead partner Klaus Jäger advised Webasto on all legal aspects of the sale. The German CMS team worked closely with CMS teams from Mexico City and Beijing, as well as US law firms Miller & Martin PLLC and Locke Lord LLP. The sales process was highly complex, partly due to the fact that prior to the sale the unit in question needed to be restructured by taking appropriate action across a number of different jurisdictions. Webasto has relied on the expertise of CMS in the past, most recently when acquiring all the shares in Luxembourg company Carlex Glass. Established in 1901, automotive supplier Webasto focuses on roof systems and on vehicle electrification in its development, manufacturing and sales operations. The product range includes openable and fixed roofs, electric high-voltage heaters and batteries and thermo management solutions. Webasto’s customers range from manufacturers of passenger cars, commercial vehicles and boats to dealers and end customers. In 2022, the group generated sales of over EUR 4 billion and employed some 16,800 people across more than 50 locations worldwide. CMS Germany Klaus Jäger, Lead Part­ner Anna-Lena Löcherbach, Counsel Philipp Knopp, Senior As­so­ci­ate Domin­ic Zimmer, Associate Nina Fink, Associate, all Corporate/M&A Dr Angela Emmert, Partner Lennard Martin Lürwer, Counsel Marcel Heinen, Senior Associate, all Labor, Employment & Pensions Dr Sebastian Cording, Partner Lars Howe, Associate Dr Markus Kaulartz, Partner Dr Reemt Matthiesen, Partner, all TMC Dr Alexandra Schluck-Amend, Partner Manuel Nann, Senior As­so­ci­ate  Fran­ziska Fuchs, Senior Associate, all Restructuring and Insolvency Lars Eckhoff, Partner Dr Philipp Rohdenburg, Counsel, both Commercial Dr Dirk Smielick, Principal Counsel, Intellectual Property Dr Christian Scherer, Partner, Real Estate & Public Barbara Bayer, Counsel, Banking, Finance & Insurance Moritz Pottek, Counsel, Antitrust, Competition & Trade Dr Arne Burmester, Principal Counsel Conrad Gräwe, Legal Coordinator Romy Rosenhahn, Legal Co­ordin­at­or Stephanie Schulz, Legal Co­ordin­at­or Steven Washington, Legal Co­ordin­at­or Tag­rid Chahrour, Senior Legal Specialist Anke Clippingdale, Senior Legal Specialist Lisa Mattmann, Senior Legal Specialist Sarah Przybylski, Senior Legal Specialist Edris Trabzadah, Senior Legal Specialist Faraz Ahmad, Legal Specialist Jule Marie Holz, Legal Specialist Sofia Schreiner, Legal Spe­cial­ist Al­ex­an­der Stadahl, Legal Specialist, all Smart Operations CMS China Dr Falk Lichtenstein, Partner, Corporate/M&A CMS Mexico Giancarlo Schievenini, Partner, Corporate/M&A MILLER & MARTIN PLLC, Attorneys at Law, Chattanooga, USA Mike Marshall, Partner Joe De Lisle, Partner Locke Lord LLP, Boston, USA Jonathan Joung, PartnerPress Con­tact presse@cms-hs. com   
14/02/2024
CMS advises Scannell Properties on sale of logistics property to Aviva...
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
14/02/2024
CMS advises paint and coatings producer KANSAI HELIOS on the acquisition...
Cologne – KANSAI HELIOS has acquired the entire industrial coatings business of GREBE Holding, based in Weilburg in Hessen, Germany, which operates under the name WEILBURGER Coatings. WEILBURGER Coatings is a well-known manufacturer of industrial coatings and comprises of WEILBURGER Coatings GmbH in Weilburg and WEILBURGER Asia Limited in Hong Kong. The share purchase agreement was signed on February 9, 2024. With the acquisition, KANSAI HELIOS intends to significantly expand its strategic position as a system supplier and manufacturer of industrial coatings and extend its geographical presence internationally. The company will also gain additional expertise, distribution channels, production and storage capacities. The parties involved have agreed not to disclose further details of the transaction. An international CMS team headed by Lead Partner Klaus Jäger and Christoph Schröer provided KANSAI HELIOS with comprehensive legal advice on the acquisition. The complexity of the transaction is characterized in particular by the size of the acquired Weilburger Coatings Group, which, in addition to the German companies, includes subsidiaries in Brazil, China, France, Hong Kong, India, Italy, Turkey and the USA. In addition to the actual purchase agreements in Germany and Hong Kong, CMS drafted and negotiated numerous other contracts. In addition to CMS teams in Brazil, China, Hong Kong, Italy, Turkey, France, Serbia, Austria and the United Kingdom, the law firms MILLER & MARTIN PLLC from the USA and Vaish Associates Advocates from India also provided support. KANSAI HELIOS regularly relies on the expertise of CMS, most recently in connection with the acquisition of all shares in CWS Lackfabrik GmbH (CWS), which specializes in powder coatings and synthetic resins, including the group companies in Germany, the USA, Denmark and Poland. KANSAI HELIOS, headquartered in Vienna, is part of the Japanese KANSAI PAINT Group. The company has a history of more than 170 years and is one of the major global players in the paints and coatings market. KANSAI HELIOS designs, produces and distributes industrial coating solutions, bleaching and cleaning chemicals, materials for sticking and sealing, high-quality resins, architectural paints and refinishing coatings throughout Europe and beyond. WEILBURGER Coatings was founded in 1900 at its current headquarters in Weilburg and has group companies in Germany, Italy, France, Turkey, the USA, Brazil, India and China. With around 600 employees at seven production sites and several sales offices, the company is active worldwide and generates a turnover of around 150 million euros. CMS Germany Klaus Jäger, Lead Partner Dr Kai Wallisch, Part­ner Chris­toph Schröer, Senior Associate Dr Katharina Kapp, Associate Dr Henrik Meurer, As­so­ci­ate Domin­ic Zimmer, As­so­ci­ate Kath­rin Dengel, Associate, all Corporate/M&A Dr Björn Herbers, Partner Moritz Pottek, Counsel Dr Denis Schlimpert, Counsel Kirsten Baubkus-Gerard, Senior Associate Dr Robert Bodewig, Senior Associate David Rappenglück, Associate, all Antitrust, Competition & Trade Dr Dirk Smielick, Principal Counsel Claudia Böhmer, Counsel, both IP Dr Angela Emmert, Partner Dr Andreas Hofelich, Partner Dr Mario Brungs, Counsel Lennard Martin Lürwer, Counsel Marcel Heinen, Senior Associate, all Labor, Employment & Pensions Michael Kamps, Partner Thorsten Hemme, Principal Counsel Dr Arne Schmieke, Senior Associate, all TMC Dr Martin Friedberg, Partner, Tax law Dr André Lippert, Partner Maike Füchtmann, Senior Associate, both Real Estate & Public Dorothée Janzen, Partner Dr Philipp Rohdenburg, Counsel, both Com­mer­cial Birgit Wagner, Legal Manager Conrad Gräwe, Legal Co­ordin­at­or Steven Washington, Legal Coordinator Anke Clippingdale, Senior Legal Specialist Edris Trabzadah, Senior Legal Specialist Faraz Ahmad, Legal Specialist Sofia Schreiner, Legal Spe­cial­ist Al­ex­an­der Stadahl, Legal Specialist, all Smart Operations CMS Beijing Falk Licht­en­stein Roxy Meng CMS Milan Daniela Murer Alessandra Cuni CMS Rome Fabrizio Spagnolo CMS Istanbul Döne Yalçın Merve Akkuş CMS Paris Thomas Hains Marion Berberian CMS Belgrade Maja Stepanović CMS Vienna Dr Dieter Zandler CMS London Russell Hoare Melanie Lane Focaccia Amaral L S Advogados, Brazil in association with CMS Renata Homem de Melo Fontes Carla Anastácio Lau, Horton & Wise LLP, Hong Kong in association with CMS Shirley Lau Albert Jok MILLER & MARTIN PLLC, USA Joe DeLisle Vaish Associates Advocates, India Shrinivas SankaranPress Con­tact presse@cms-hs. com
05/02/2024
CMS advises DMG MORI on leasing new European headquarters
Stuttgart – Japanese technology company DMG MORI has leased 10,000 square metres in the Go Four It business park at Hanauer Straße 91 in Munich’s Moosach district.A CMS team headed by partner Dr Volker Zerr provided DMG MORI with legal advice on the leasing process. With only five office lettings of more than 5,000 square metres in Munich in 2023, this is the largest transaction in over a year. Machine tool manufacturer DMG MORI has signed a lease for the entire Go Four Red building as part of its plans to establish a European headquarters. Starting in 2026, DMG MORI will move into office space for administration, sales, human resources and engineering, as well as a two-storey showroom with a gross floor area of 1,500 square metres. CMS Germany Dr Volker Zerr, Lead Partner Sandra Scheib, Counsel Michelle Bucher, Senior Associate, all Real Estate & PublicPress Con­tact presse@cms-hs. com
05/02/2024
CMS advises Savills Investment Management on sale of Hamburg office property...
Stuttgart – Savills Investment Management (Savills IM) has sold a 16,000 square metre office property in Hamburg to the Cells Group. The Cells Group is acquiring the Atrium Office building at Glock­en­gießer­wall 21/22 in Hamburg on behalf of Kuwait’s sovereign wealth fund. Located between the main railway station and the city centre, Atrium Office comprises a her­it­age-pro­tec­ted building constructed in 1908 and an annex that was refurbished in the 1990s. Up to now, the property was part of special fund Savills IM Real Invest 1. The parties have scheduled the transfer of rights and liabilities for the first quarter of 2024.A CMS team headed by partner Dr Volker Zerr advised Savills IM on all legal and tax aspects of the transaction. The CMS team regularly advises Savills on real estate transactions, with a recent example being the sale of a superstore in Berlin-Spandau on behalf of the European Retail Fund (ERF). CMS Germany Dr Volker Zerr, Lead Partner Sandra Scheib, Coun­sel Jac­queline Terhöven, Counsel, all Real Estate & Public Tobias Schneider, Partner, TaxPress Con­tact presse@cms-hs. com
26/01/2024
CMS advises GASCADE on case leading to repeat Federal Administrative Court...
Hamburg – On 25 January 2024, Germany’s Federal Administrative Court dismissed the fast-track actions brought by environmental groups Deutsche Umwelthilfe (DUH) and NABU against the amended planning approval granted by Stralsund Department of Mining on 8 January 2024 for the construction and operation of the first marine section of the Baltic Connector Pipeline (Ostsee An­bindungslei­tung – OAL).A CMS team headed by Dr Christiane Kappes and Dr Neele Christiansen represented the proponent, GASCADE Gastransport GmbH (GASCADE), as summoned party in the proceedings before the Federal Administrative Court. GASCADE operates a natural gas pipeline system in Germany with a total length of around 3,700 kilometres. The team previously advised GASCADE on all aspects of the planning approval procedure for the OAL. At around 50 kilometres long, the OAL offshore pipeline connects the LNG terminal planned by Deutsche ReGas (Floating Storage and Regasification Unit – FSRU) for Mukran on the island of Rügen to the existing long-distance gas grid in Lubmin. This LNG project is set to feed at least ten billion cubic metres of natural gas a year from the OAL into the German gas grid, replacing some of the previous gas imports from Russia and making a significant contribution to energy security. The Federal Administrative Court had previously rejected the fast-track actions brought by DUH and NABU against the original planning resolution of 21 August 2023 in its decisions of 12 and 15 September 2023 (BVerwG 7 VR 4.23 and BVerwG 7 VR 6.23). The amended planning approval granted on 8 January 2024 lifts the current end date for construction of 31 December 2023 and enables work on the marine side to be continued until 29 February 2024. The Federal Administrative Court has now rejected the fast-track actions against this amended planning approval, which were directed at halting construction. The summary review required by fast-track proceedings concluded that the amended planning approval is justified in assuming an ongoing gas supply crisis. The court found no procedural inadequacies at this point in time in connection with the lack of a preliminary environmental impact assessment and the non-involvement of the nature conservation groups. The extension of the construction period is also not likely to be in breach of conservation law, because the amended planning approval includes appropriate provisions to ensure that biotopes, habitats and species are not damaged to any substantial extent. The Federal Administrative Court’s case references are 7 VR 1/24 and 7 VR 2/24. CMS Germany Dr Christiane Kappes, Partner Dr Neele Christiansen, Part­ner Se­basti­an Belz, Counsel Knut Göring-Tisch, Associate, all Real Estate & PublicPress Con­tact presse@cms-hs. com
26/01/2024
CMS advises on sale and leaseback of high-tech site near Stuttgart
Stuttgart – CMS has advised a technology service provider on the sale of its Flugfeld-Allee 12 site in Sindelfingen near Stuttgart to an institutional investor. A lease with a fixed term of 15 years was then concluded with the seller for the whole area, with options to extend the lease once for five years and once for three years.A CMS team led by Dr Volker Zerr advised on all legal and tax aspects of the sale and leaseback transaction. Constructed in 2015, the property at Flugfeld-Allee 12 is located on a site of around 30,000 square metres in the Flugfeld Böblin­gen/Sindelfin­gen mixed residential and commercial area. It comprises several buildings: 9,703 square metres of office space, an 8,081 square metre workshop fitted out for research and development, 1,628 square metres for storage and a canteen covering 1,039 square metres. CMS Germany Dr Volker Zerr, Lead Partner Sandra Scheib, Counsel Dr Kathrin Groß, Counsel Michelle Bucher, Senior Associate, all Real Estate & Public Dr Tobias Grau, Partner Susanne Waldhans, Senior Associate, both Corporate/M&A Dr Andreas Grunert, Principal Counsel, Banking, Finance & Insurance Tobias Schneider, Partner, TaxPress Con­tact presse@cms-hs. com
25/01/2024
Emerging Europe M&A Report 2023/2024
Despite geopolitical tensions, fears of recession and strong inflationary pressures across the EU, as well as the fiscal tightening needed to contain them, M&A in the CEE region has remained reasonably buoyant. Findings from the CMS Emer­ging Europe M&A 2023/24 report, published in cooperation with EMIS, demonstrate the resilience of the Emerging Europe deals market as activity holds firm against a backdrop of geopolitical tensions and strong inflationary pressures. Welcome to the 2023/24 edition of the Emerging Europe report.