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Deals 22 Feb 2022 · Germany

CMS advises National Express Rail on business transfer following insolvency of rail company Abellio NRW

2 min read

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Düsseldorf – Cologne-based National Express Rail has taken on all the employees involved in operating the RE 1 (RRX) and RE 11 (RRX) lines following the insolvency of rail company Abellio NRW. Abellio Rail GmbH had provided regional train services in North Rhine-Westphalia since 2005. It was forced to file for insolvency at the end of 2021 and is currently subject to “protective shield” proceedings. Due to the sudden exit of the service provider, regional operator Vias and DB Regio stepped in along with National Express Rail to take over the existing route network and around 90% of the workforce. The current services will be continued initially for two years. The long-term concession to operate the lines will then be put out to tender.

A CMS team headed by partners Amelie Schäfer and Thomas Glaesmann advised National Express Rail on all legal aspects of the takeover. Structuring the transfer of employees in conjunction with the public transport authorities in a regulated environment was a particular focus of the advice. National Express Rail is a longstanding CMS client and relies on the team’s employment law expertise on a regular basis.

CMS Germany

Amelie Schäfer, Lead Partner, Düsseldorf
Thomas Glaesmann, Lead Partner, Düsseldorf
Dr Maximilian Koschker, Partner, Stuttgart
Carina Bart, Associate, Düsseldorf
Dr Lisa Maria Völkerding, Associate, Düsseldorf, all Labor, Employment & Pensions
Philippe Heinzke, Partner, Düsseldorf
Jan Nicolas Rajko, Senior Associate, Düsseldorf, both Intellectual Property
Dr Björn Herbers, Partner, Brussels, Competition

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presse@cms-hs.com

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