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CMS in Köln

Cologne

Germany

With a team of more than 120 lawyers, CMS is the biggest law firm in Cologne. We cover all areas of business law for you, including commercial, corporate and transaction law, labour and employment, as well as competition and media law. Our Cologne office has a particularly strong banking and insurance law practice and is renowned for its public-private partnership work. Cologne is also one of the firm’s centres of excellence for insolvency law.

Our clients include public authorities as well as major companies headquartered in the region, who consult us on their national and international projects. Contact CMS in Cologne to find out more about our services. Our legal experts and sector-specific teams look forward to working with you!

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Directions

By plane

The office is an approx. 20-minute taxi ride from Cologne/Bonn Airport. Alternatively, you can use the S-Bahn (Line S 13) travelling in the direction of Kerpen, Horrem Station (Kerpen, Horrem Bf.) or the Regional Express train (RE 8) travelling in the direction of Mönchengladbach, Mönchengladbach Central Station (Mönchengladbach, Mönchengladbach Hauptbahnhof, Hbf). Change at Cologne Central Station (Köln, Hauptbahnhof, Hbf) to the underground (U-Bahn), Line 18 and travel to Neumarkt, direction Appellhofplatz. From there, take the underground, Lines 3 or 4 to Severinstraße, direction Poststraße. From Cologne Central Station you can, however, also take the bus from Breslauer Platz Bus Station (Breslauer Platz, Busbahnhof), Line 133 to Severinstraße, direction Zollstock Südfriedhof. Travelling time in both cases is approx. 30-40 minutes, plus a 4-minute walk.

By car

Access is via Bayenstraße („Rheinuferstraße“). Access to the Rheinauhafen district is restricted to public taxis and vehicles with a special permit, so please park in the Rheinauhafen underground car park. In the underground car park please take the direction "Kranhaus Mitte" which is marked in blue. The entry to the building you will find in the blue area on the crosswalk.

By train

Change at Cologne Central Station to the underground, Line 18 and travel to Neumarkt, direction Appellhofplatz. From there, take the underground, Lines 3 or 4 to Severinstraße, direction Poststraße. From Cologne Central Station, you can, however, also take the bus from Breslauer Platz Bus Station, Line 133 to Rheinauhafen, direction Zollstock Südfriedhof. Travelling time in both cases is approx. 9 minutes, plus an approx. 15-minute walk.

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Location

CMS Hasche Sigle
Kranhaus 1
Im Zollhafen 18
50678 Cologne
Germany
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08/04/2021
CMS ad­vises Seiden­spin­ner on ac­quis­i­tion by id­verde
Stut­tgart – id­verde, Europe’s lead­ing pro­vider of grounds main­ten­ance ser­vices and land­scape cre­ation pro­jects, which is ma­jor­ity-owned by private equity in­vestor Core Equity Hold­ings, has ac­quired...
08/04/2021
CMS ad­vises RS­BG SE on ac­quis­i­tions for Ad­vanced Man­u­fac­tur­ing di­vi­sion
Co­logne – RS­BG SE, the in­vest­ment com­pany of the RAG-Stif­tung found­a­tion, is ex­pand­ing its Ad­vanced Man­u­fac­tur­ing di­vi­sion. The com­pany re­cently ac­quired 100% of the shares in Mul­ti­photon Op­tics GmbH...
April 2021
Gloss­ary of Key M&A and Cor­por­ate Terms 2020
The newly re­vised edi­tion of the gloss­ary provides a quick over­view of many terms com­monly used in M&A trans­ac­tions and in the con­text of cor­por­ate ac­tions.It serves as a con­veni­ent ref­er­ence for terms...
06 April 2021
EU is­sues draft of Di­git­al Mar­kets Act aimed at cre­at­ing a new and fair...
The European Com­mis­sion has pub­lished a draft pro­pos­al for a new com­pet­i­tion law frame­work for large on­line plat­forms, called the Di­git­al Mar­kets Act (DMA). The Com­mis­sion pro­posed the DMA due to the...
01 April 2021
Di­git­al Mar­kets Act: a new and fair busi­ness frame­work for large plat­forms
The European Com­mis­sion has pub­lished the draft pro­pos­al for a new com­pet­i­tion law frame­work for large on­line plat­forms, called the Di­git­al Mar­kets Act (the “DMA”). The reas­on the Com­mis­sion pro­posed the DMA is that a small num­ber of large on­line plat­forms cap­ture the biggest share of over­all value gen­er­ated in Europe’s di­git­al eco­nomy, and these plat­forms have emerged by be­ne­fit­ting from sec­tor char­ac­ter­ist­ics such as strong net­work ef­fects, of­ten em­bed­ded in their own plat­form eco­sys­tems. These plat­forms rep­res­ent the key struc­tur­ing ele­ments in today’s di­git­al eco­nomy, in­ter­me­di­at­ing the ma­jor­ity of trans­ac­tions between end users and busi­ness users. A few large plat­forms in­creas­ingly act as gate­ways or gate­keep­ers between busi­ness users and end users, and en­joy a long-term, en­trenched po­s­i­tion, of­ten as a res­ult of the cre­ation of con­glom­er­ate eco­sys­tems around their core plat­form ser­vices, which re­in­forces ex­ist­ing entry bar­ri­ers.The DMA deals with those large on­line plat­forms act­ing as gate­keep­ers in di­git­al mar­kets. The DMA aims to en­sure that:these plat­forms be­have fairly on­line;in­nov­at­ors and tech­no­logy start-ups will have new op­por­tun­it­ies to com­pete and in­nov­ate in the on­line plat­form en­vir­on­ment without hav­ing to com­ply with un­fair terms and con­di­tions that lim­it their de­vel­op­ment;con­sumers will have more and bet­ter ser­vices to choose from, more op­por­tun­it­ies to switch their pro­vider if they so wish, dir­ect ac­cess to ser­vices, and fairer prices. Who are the gate­keep­ers? Gate­keep­ers are core plat­form ser­vices which meet the qual­it­at­ive and quant­it­at­ive cri­ter­ia set out in the DMA. Core plat­form ser­vices in­clude on­line in­ter­me­di­ation ser­vices, search en­gines, so­cial net­work­ing ser­vices, video-shar­ing plat­form ser­vices, num­ber-in­de­pend­ent in­ter­per­son­al com­mu­nic­a­tion ser­vices, op­er­at­ing sys­tems, cloud com­put­ing ser­vices, ad­vert­ising ser­vices in­clud­ing any ad­vert­ising net­works, ad­vert­ising ex­changes and any oth­er ad­vert­ising in­ter­me­di­ation ser­vices, provided by a pro­vider of any of the core plat­form ser­vices lis­ted above.A core plat­form ser­vice qual­i­fies as a gate­keep­er, if:it has a sig­ni­fic­ant im­pact on the in­tern­al mar­ket, which is pre­sumed if it achieves an an­nu­al EEA turnover equal to or above EUR 6.5 bil­lion in the three pre­ced­ing fin­an­cial years, or where the av­er­age mar­ket cap­it­al­isa­tion or the equi­val­ent fair mar­ket value of the un­der­tak­ing to which it be­longs amoun­ted to at least EUR 65 bil­lion in the pre­ced­ing fin­an­cial year, and it provides a core plat­form ser­vice in at least three Mem­ber States;it op­er­ates a core plat­form ser­vice which serves as an im­port­ant gate­way for busi­ness users to reach end users, which is pre­sumed if it has more than 45 mil­lion monthly act­ive end users es­tab­lished or loc­ated in the Uni­on and more than 10,000 yearly act­ive busi­ness users es­tab­lished in the EU in the pre­ced­ing fin­an­cial year;it en­joys a long-term, en­trenched po­s­i­tion in its op­er­a­tions or it is fore­see­able that it will en­joy such po­s­i­tion in the near fu­ture, which is pre­sumed if the thresholds in point b) were met in each of the three pre­ced­ing fin­an­cial years.   What are the gate­keep­ers’ main ob­lig­a­tions? Do’s and Don’ts     What kind of tools and powers do the Com­mis­sion and oth­er bod­ies have? The DMA grants powers and dif­fer­ent pro­ced­ur­al rights to the European Com­mis­sion and es­tab­lishes the Di­git­al Mar­kets Ad­vis­ory Com­mit­tee for is­su­ing opin­ions in is­sues re­lated to the DMA.The DMA gives the Com­mis­sion the fol­low­ing powers:to des­ig­nate core plat­form ser­vices that meet the DMA cri­ter­ia as gate­keep­ers;to re­view ad-hoc the status of gate­keep­ers on re­quest or on its own;to re­view at two-year in­ter­vals the status of gate­keep­ers;to spe­cify meas­ures to be taken by gate­keep­er to com­ply with the DMA;to sus­pend cer­tain gate­keep­er ob­lig­a­tions un­der the DMA at a gate­keep­er’s re­quest, if the gate­keep­er demon­strates that com­pli­ance with that spe­cif­ic ob­lig­a­tion would en­danger its eco­nom­ic vi­ab­il­ity;to ex­empt a gate­keep­er from cer­tain ob­lig­a­tions un­der the DMA on the grounds of pub­lic mor­al­ity, pub­lic health or pub­lic se­cur­ity;to ini­ti­ate mar­ket in­vest­ig­a­tions:lower-ro­manto ex­am­ine wheth­er a pro­vider of core plat­form ser­vices should be des­ig­nated as a gate­keep­er;in­to sys­tem­at­ic non-com­pli­ance by a gate­keep­er;to ex­am­ine wheth­er cer­tain ser­vices in the di­git­al sec­tor should be ad­ded to the list of core plat­form ser­vices and identi­fy prac­tices that might lim­it the con­test­abil­ity of core plat­form ser­vices or might be un­fair.The DMA grants in­vest­ig­at­ive, en­force­ment and mon­it­or­ing powers to the Com­mis­sion dur­ing its pro­ceed­ings, based on which the Com­mis­sion is en­titled to:re­quest in­form­a­tion from any un­der­tak­ings and from the gov­ern­ments and au­thor­it­ies of EU mem­ber states;ac­cess data bases and al­gorithms;in­ter­view any private per­son or leg­al en­tity to col­lect in­form­a­tion re­lat­ing to the sub­ject-mat­ter of an in­vest­ig­a­tion;con­duct on-site in­spec­tions at the premises of any un­der­tak­ings, in­clud­ing to­geth­er with aud­it­ors and ex­perts;or­der in­ter­im meas­ures against a gate­keep­er on the basis of a prima facie find­ing of an in­fringe­ment of ob­lig­a­tions un­der the DMA;mon­it­or the ef­fect­ive im­ple­ment­a­tion and com­pli­ance with the ob­lig­a­tions un­der the DMA.   What will the sanc­tions for non-com­pli­ance be? If the Com­mis­sion ad­opts a non-com­pli­ance de­cision in which it finds that a gate­keep­er does not com­ply with one or more ob­lig­a­tions un­der the DMA, the Com­mis­sion may fine a gate­keep­er.The max­im­um amount of a fine is 10% of the total world­wide an­nu­al turnover of the gate­keep­er in the case of a ma­ter­i­al breach of the ob­lig­a­tions un­der the DMA, and a max­im­um 1% in the case of a less ser­i­ous breach of ob­lig­a­tions un­der the DMA.The Com­mis­sion is also en­titled to or­der peri­od­ic pen­alty pay­ments of up to 5% of the av­er­age daily turnover in cer­tain cases defined in the DMA.In the case of sys­tem­at­ic breaches of the DMA ob­lig­a­tions by gate­keep­ers, ad­di­tion­al rem­ed­ies may be im­posed after a mar­ket in­vest­ig­a­tion. Such rem­ed­ies will need to be pro­por­tion­ate to the of­fence com­mit­ted. If ne­ces­sary and as a last re­sort, non-fin­an­cial rem­ed­ies can be im­posed. These can in­clude be­ha­vi­our­al and struc­tur­al rem­ed­ies, e.g. the di­vestit­ure of (parts of) a busi­ness.   What are the next steps? The European Par­lia­ment and Mem­ber States will dis­cuss the Com­mis­sion’s pro­pos­al ac­cord­ing to the or­din­ary le­gis­lat­ive pro­ced­ure, which will take at least 18 months. Once ad­op­ted, the Act will dir­ectly ap­ply across the EU and the core plat­form ser­vice pro­viders will have six months to pre­pare for the new leg­al re­gime.We will con­tinu­ously mon­it­or the status of the le­gis­lat­ive pro­cess and keep you up­dated on any changes to the draft text of the DMA.
31/03/2021
CMS ad­vises IN­DUS Hold­ing AG on suc­cess­ful cap­it­al in­crease
Co­logne – SDAX-lis­ted IN­DUS Hold­ing AG has suc­cess­fully car­ried out a cap­it­al in­crease amount­ing to around 10% of its share cap­it­al, mak­ing par­tial use of au­thor­ised cap­it­al. The new shares were placed...
31/03/2021
CMS ad­vises Edenred on stra­tegic part­ner­ship with Be­lo­nio
Mu­nich – Edenred Deutsch­land GmbH has partnered with Be­lo­nio GmbH, a di­git­al plat­form for em­ploy­ee be­ne­fits in small and me­di­um-sized en­ter­prises, as a minor­ity share­hold­er and stra­tegic part­ner for...
30/03/2021
CMS ad­vises NFON AG on suc­cess­ful cap­it­al in­crease
Frank­furt/Main – Mu­nich-based NFON AG has placed 1,505,555 shares with in­sti­tu­tion­al in­vestors in an ac­cel­er­ated book­build­ing pro­cess at a place­ment price of EUR 17.50 per share. The com­pany, which...
30/03/2021
CMS ad­vises growth PE fund Ca­dence Growth Cap­it­al on fol­low-on in­vest­ment...
Ber­lin – Growth PE fund Ca­dence Growth Cap­it­al (CGC) has in­creased its stake in dent­al align­er pro­vider Sun­shine Smile GmbH (Plus­Dent­al). CGC par­ti­cip­ated in a EUR 35 mil­lion fin­an­cing round. Fur­ther...
29 March 2021
EDPS & EDPB re­lease joint opin­ion on the Data Gov­ernance Act
On 10 March 2021, the EDPB and the EDPS re­leased their joint opin­ion on the Data Gov­ernance Act (DGA), the European Com­mis­sion’s Pro­pos­al for a Reg­u­la­tion on European data gov­ernance. The DGA is an...
26/03/2021
Private equity pan­el 2021/I sur­vey by CMS and Fin­ance: Mar­ket on the up­turn...
Frank­furt/Main – Des­pite the on­go­ing pan­dem­ic and a mixed last year, the private equity in­dustry is un­der­go­ing a renais­sance. 2021 looks set to be a strong year for private equity trans­ac­tions in­volving...
26 March 2021
Oil & Gas / Ship­ping – The Ever Giv­en
The Suez Canal opened in 1869. Along with the Panama Canal, it is one of the most im­port­ant mari­time “short­cuts” ever built. Today, the canal is 193km (120 miles) long and is one of the busiest wa­ter­ways...