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Real Estate & Public

Germany

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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    Real Estate

    Our team specialises in all matters related to real estate transactions. This applies to all aspects of the acquisition, sale and financing of properties, both in the context of share deals and asset deals. We also support our clients with regard to asset management of their property portfolios.

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    Real Estate & Public - Construction

    Our team excels in the development and management of large-scale real estate projects, from planning through implementation and sale to extracting value from the assets. We have many years' experience in dealing with all issues relating to the realisation of property and construction projects, including plant engineering, and with all aspects of project development.

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    Real Estate & Public - Public

    Our specialised team has many years of experience in advising investors, companies and the public sector on all practical aspects of issues relating to public law. We consider commercial aspects as well as the technical/scientific circumstances and requirements when handling projects and transactions.

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    18/09/2020
    CMS ad­vises DIC As­set on ac­quis­i­tion of Gate 9 multi-ten­ant of­fice build­ing
    A CMS team headed by lead part­ner Dr Volk­er Zerr ad­vised DIC As­set AG on all leg­al as­pects of the trans­ac­tion, as in the past. The ad­vice in­cluded due di­li­gence
    24 August 2020
    CMS Ex­pert Guide to con­cur­rent delay
    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)...
    10/09/2020
    CMS ad­vises in­vest­ment hold­ing com­pany Armira on sale of bal­list­ic pro­tec­tion...
    In­vest­ment hold­ing com­pany Armira has sold all its shares in M-Sich­er­heits­beteili­gun­gen GmbH (Mehler Vario Sys­tem Group) to private equity firm Deutsche...
    06 April 2020
    CMS Ex­pert Guide to COV­ID-19 im­pact on con­struc­tion in­dustry
    As the en­tire eco­nomy has been hit hard by the out­break of the COV­ID-19, also the con­struc­tion in­dustry is cur­rently fa­cing dra­mat­ic and dis­rupt­ive chal­lenges re­gard­ing fin­an­cial pres­sure, la­bour short­ages and sup­ply chain is­sues. In or­der to help our cli­ents, we have pro­duced a fre­quently up­dated, com­par­at­ive guide over the im­pact the COV­ID-19 has on the con­struc­tion sec­tor across vari­ous jur­is­dic­tions.
    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...
    06/08/2020
    CMS ad­vises Nor­dex on the po­ten­tial sale of Nor­dex's European wind and...
    An in­ter­na­tion­al team led by the part­ners Dr Hilke Her­chen, Dr Eck­art Gott­schalk (both CMS Ger­many) and Al­ex­an­dre Mo­rel (CMS France) ad­vised Nor­dex on all leg­al as­pects of the po­ten­tial sale. Such leg­al ad­vice in­cluded inter alia the struc­tur­ing of the tr
    31 March 2020
    CMS Ex­pert Guide to COV­ID-19 im­pact on lease agree­ments
    COV­ID-19 is dom­in­at­ing the glob­al news and af­fect­ing all areas of busi­ness life. For both land­lords and ten­ants, the ques­tion arises as to the im­pact of the COV­ID-19 pan­dem­ic on their lease re­la­tion­ships. In this guide you will find a use­ful over­view of the im­pact COV­ID-19 has on leases across vari­ous jur­is­dic­tions. Please note that this com­par­at­ive ana­lys­is is based on our cur­rent eval­u­ation and is a sub­ject to fur­ther up­dates and amend­ments.
    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...
    27/07/2020
    CMS ad­vises real es­tate ser­vice pro­vider Savills on ac­quis­i­tion of prop­erty...
    A CMS team headed by lead part­ner Dr Claus-Peter Fa­bi­an, who reg­u­larly ad­vises the Savills Group on cor­por­ate trans­ac­tions, also ad­vised Savills Im­mob­i­li­en Beteili­gungs-GmbH on all leg­al as­pects of this trans­ac­tion...
    24 April 2018
    CMS Ex­pert Guide to com­mer­cial real es­tate law and rules
    Are you look­ing for in­form­a­tion on com­mer­cial real es­tate law and rules? This CMS Ex­pert Guide provides you with everything you need to know.
    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...