Semiconductors

LEGAL EXPERTISE FOR SEMICONDUCTOR FABS IN GERMANY

Establishing a semiconductor fabrication plant in Germany involves a uniquely complex mix of legal disciplines: real estate acquisition, public permitting, corporate structuring, employment law, construction law, EU and German State aid rules, and foreign direct investment screening all intersect at once.

Kapellmann has built its reputation on advising clients through exactly this kind of complexity, with deep, longstanding expertise in construction, planning, and infrastructure law combined with dedicated practices in EU State aid and antitrust law. Our lawyers regularly guide industrial clients through large-scale, high-value construction and investment projects from the earliest site-selection and permitting stages through to commissioning, giving semiconductor manufacturers a single point of contact for the full legal lifecycle of a plant investment in Germany.

Backed by the cross-disciplinary support of colleagues across construction law, corporate law, competition law, and public law, Kapellmann is positioned to support semiconductor companies as a single, reliable legal partner throughout their establishment process in Germany.

Top tier law firm for plant engineering law; Kapellmann und Partner’s highly respected practice convinces with 'fast response times' and 'high expertise' in advising on public and private construction law, both in terms of infrastructure and building construction projects as well as large-scale plant engineering projects.
Legal 500 Germany 2019 to 2024

Leading law firm for State aid law; Kapellmann & Partner has recognized expertise in State aid, particularly in the infrastructure sector; ‘Specialized team in the field of EU State aid law based in Brussels, among other places, with extensive experience in dealing with the EU institutions located there.’
Legal 500 Germany 2026

Selected AREAS OF EXPERTISE

Construction law / Plant Engineering Law

Assistance with project acquisition
Due diligence reviews for project developments
Setting up project implementation companies
Advice on project-specific forms of contractual arrangements
Contract drafting and negotiation
Support for complex property divisions and land consolidation
Collaborative contractual models (IPA, Define & Deliver)
Advice during execution of the construction works

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State aid law and public funding

Development of tailor-made financing concepts for new projects that comply with State aid law
Notification procedures before the European Commission
Advice on how to implement aid measures (investment and operating aid)
Representation before national and EU courts
Defence in State aid investigations before the European Commission
Advice on State aid complaints to the European Commission
Advice on the Foreign Subsidies Regulation (FSR)

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Public Law

Advise on urban land-use planning and planning permission procedures, on regional planning law
Advice on the authorization of infrastructure projects, including issues relating to grid connections
defending decisions against third-party appeals
Development of permitting strategies in complex BImSchG permit procedures
Support of clients on environmental and nature conservation law

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ESG / Sustainability

Support with procurement procedures in which ‘green procurement criteria’ or components such as CO2 shadow prices are included
Drafting employment contracts
Advice on designing support measures that comply with state aid law (investment and operating aid) and advice to recipients of direct EU funding based on European funding programmes
Advice on developing an ESG strategy and embedding it in the company

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Foreign Trade Law and EU Sanctions Law

Advice on trade defence instruments, in particular representation of manufacturers and importers on EU anti-dumping proceedings
Support in matters relating to EU Sanctions Law
Advice on other issues relating to Export Control Law: authorization requirements (e.g., under the Dual-Use-Regulation), tariff classification of goods
Compliance: support in setting up and reviewing internal compliance programs and in developing preventive measures (e.g., red-flag lists and contractual export control clauses)
Advice on German investment screening (FDI), in particular on possible notification obligations for foreign investors acquiring German companies or shares in them

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Corporate Law

Advising buyers and sellers of 100 %, majority or minority shareholdings, on share deals and asset deals, on exclusive negotiations and bidding procedures
Providing support in the planning and structuring of transactions and in the choice of the optimal transaction format
Carrying out legal due diligence reviews, with AI support on request
Drafting and negotiating company purchase agreements, investment agreements and ancillary contracts
Advising on alternative forms of takeover such as capital measures and mergers or demergers
Advising on company disposals and acquisitions in crisis and insolvency situations

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Data Protection / IP / IT / AI

Comprehensive advice on data protection under German law and EU law
Support for lawful and secure data processing as a foundation for implementing data-driven projects
Development of data protection compliance systems and guidelines
Guidelines and structures for international data transfers
GAP analyses and data protection audits to review existing data protection structures
Implementation of employee trainings on data protection
Advice on the protection and implementation of new technologies and digital solutions in conformity with existing data protection legislation
Representation in data protection disputes

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Antitrust / Competition Law

Advice on merger control proceedings before the European Commission and the German Federal Cartel Office (Bundeskartellamt), including multi-jurisdictional analysis on filing obligations
Advice on setting-up joint ventures, with regard to merger control obligations as well as on contracts and cooperation agreements
Advice on supply and distribution agreements, including potential infringements in the area of abuse of dominance
Development and implementation of customized compliance systems, training programs and e-learning
Advice on the Foreign Subsidies Regulation (FSR)
Representation before the European Commission and EU courts
Conducting internal investigations

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Employment Law

Advice on all issues concerning individual and collective employment law, from both a legal and a strategic perspective, for national and international companies, board members, managing directors, and executives
Ongoing advice on individual and collective employment law matters, including:
- Negotiations on works agreements
- Negotiations on collective wage agreements with works councils
and trade unions
- Negotiations on settlement of interests and redundancy schemes
Advice on and implementation of transfers of undertakings, acting for both sellers and purchasers

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Dispute Resolution

Advice on selecting the appropriate conflict management method (e.g. mediation, adjudication, expert determination)
Support with traditional out-of-court dispute resolution proceedings, in particular: international construction arbitration

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All areas of expertise