Public law

We have specialised lawyers who advise on public law in all of our German offices, with reference to but also independent of our construction law practice. Key areas are planning, regulation and the environment as well as public funding and subsidy law. In addition, we also advise on municipal and tax law, school law and data protection law as well as food law and veterinary law.

Due to the diverse professional composition of our partnership we often receive multi-disciplinary commissions with public law questions, e.g. regarding corporate compliance or transactions. In addition to our advisory activity, we have comprehensive experience in litigation.


Public construction law firm with the most recommendations from in-house lawyers – Kanzleimonitor 2016/2017 (law firm directory of the German federal association of in-house lawyers)

 

Recommended law firm for environmental and planning law – Legal 500 Germany 2017

 

Recommended law firm for public law – Handelsblatt/Best Lawyers® "Germany's Best Law Firms and Lawyers 2017"

Public construction and environmental law

We frequently advise on questions of construction planning and approval procedures, development law and judicial review proceedings. Further key areas are environmental and nature conservation law as well as neighbourhood law and the law concerning the protection of historical buildings and monuments. To this list should be added PFI projects, municipal construction contracts, neighbourhood agreements, licensing procedures in connection with emission control law and questions of environmental liability.

 

Selected references:

  • Representation of real estate and capital investment companies in the project development of major building projects, particularly high-rise buildings
  • Advising Pierburg AG on location selection and in the Federal Emission Control Act (BundesImmissionsschutgesetz or BImSchG) licensing procedure for the new build of a foundry/smelting plant
  • Judicial review proceedings regarding the contesting of development plans for major building projects in the residential and commercial property sector
  • Advising real estate companies on questions of the law concerning the protection of historical buildings and monuments as well as negotiations with the competent authorities regarding preservation obligations
  • Guidance on environmental law in connection with residential building projects in the vicinity of Seveso II installations with significant potentially hazardous material
  • Advising the city of Mönchengladbach on urban development planning procedures as well as on municipal building contracts for the Mönchengladbach Arkaden shopping centre
Public funding and subsidy law

The development of publicly funded projects is subject to the strict legal guidelines of subsidy grants. We advise on the legally secure implementation of such projects and defend our clients against claims for payment reclamations which are either threatened or have already been made.

Selected references:

  • Alternative dispute resolution and procedural representation of a municipal company in defending against a subsidy reclamation due to failure of consideration in the sum of ca. €6 m.
  • Legal defence against a €1.5 m. subsidy reclamation against a municipal company on the grounds of procurement law infringement
  • Representation of a municipality’s legal interests in the context of a subsidy reclamation hearing on grounds of non-compliance with requirements
Transactional advice

In transactions we analyse public law risks in the context of a due diligence audit, in particular in real estate and company sales. In the run-up to transactions or evaluations we carry out risk assessments to determine the status of real estate and real estate portfolios under environmental or construction law.

Selected references:

  • Advising the owner of an extensive real estate portfolio on conformity with construction law of properties to be sold
  • Due diligence assessment in the sale of an extensive real estate portfolio belonging to the Deutsche Telekom Group

 

Lawyers

Publications (in German)