EU and Germany announce further tenders via the H2Global mechanism and integration with European Hydrogen Bank.
Starting May 1, 2023, Dr. Michael Dettmeier, LL.M. joins the team of Chatham Partners LLP as Senior Counsel.
On May 5, the German Federal Ministry of Economics presented a concept for an industry electricity tariff. The proposal aims at supporting the competitiveness of energy-intensive companies in Germany against the background of increased electricity costs.
We advised PPS Immobilien Holding GmbH on the sale of the listed building "Gänsemarkt 36", the official headquarters of the Tax Authority and the Court of Audit, to the Free and Hanseatic City of Hamburg. Source Photo: Axel Schmies
We are very pleased to announce that we have appointed Marieke Lüdecke as partner and Thomas Hinrichsen as counsel as of 1 April 2023!
“Competition Enforcement Act”: German Federal Cabinet approves government draft for 11th Amendment of German Act against Restraints of Competition
How do M&A and finance fit in with our sector focus on energy, infrastructure and real estate? Is it even possible to work on challenging financing projects from Hamburg? And what do M&A trans-actions actually look like in a boutique? These and many other questions were addressed at our trainee lawyers’ evening last Thursday.
The declared aim of the European Commission's Green Deal Industrial Plan presented on 1 February 2023 is to improve the starting position for European “Green Transition” projects. The Industrial Plan is intended to secure the EU's industrial leadership in the field of CO2 neutral technologies and to support industry in the transition to climate neutrality. The Industrial Plan comprises of new legislative proposals, reforms and guidelines.
For the time being, the European Commission is ending the years-long deadlock over the production conditions for “renewable fuels of non-biological origin” (RFNBO). It has finally adopted the legal framework for the production of “green hydrogen” which had been promised for the end of 2021.
As of 1 February, Dr Daniel Reichert-Facilides will join the Chatham Partners LLP team as Senior Counsel.
Last Friday, students participating in the interdisciplinary project course "Construction Project Development", jointly run by Bucerius Law School and RWTH Aachen University, visited us.
Led by its partners Dr. Rüdiger Zeller and Felix Fischer, Chatham Partners advised Arcus Infrastructure Partners on the acquisition of the German submetering provider Officium Holding GmbH by the fund Arcus European Infrastructure Fund 3 SCSp. Officium was acquired from EMERAM, a Munich-based Growth Buyout Investor for midcap companies in the German speaking regions.
EU Regulation on Foreign Subsidies Distorting the Internal Market adopted and published // Green Deal: Agreements on strengthening and expanding emissions trading and on new rules for the application of the EU Emissions Trading System in the aviation sector, agreement on new regulation on more sustainable and circular batteries and agreement on the Carbon Border Adjustment Mechanism // Sanctions: EU-Sanctions against Russia – as of now // Protection for whistleblowers: German Federal Government adopts draft law // EU Merger Control: Commission proposes to order Illumina to unwind its acquisition of GRAIL // German Merger Control and Antitrust Law: Warsteiner and Karlsberg May Cooperate According to German Federal Cartel Office // State Aid: Green Deal - German State aid scheme worth EUR 1.8 billion for the expansion of fast charging infrastructure for electric vehicles approved by Commission // State Aid: Amendments to German support scheme for offshore wind energy generation (WindSeeG) and to German support scheme for renewable electricity production approved by Commission
At the beginning of the year, Malte Bever joined both our energy law team and M&A/Corporate team. Malte worked as a research assisstant during Chatham's founding and now returns as Senior Associate. Welcome to Chatham Partners, Malte! Great to have you back with us!
In December 2021, the German Federal Ministry for Economic Affairs and Climate Protection approved funding of the H2Global programme in the amount of EUR 900 million for the global procurement of hydrogen derivatives. Recently, the tendering process for the procurement of green ammonia on the global market has been launched.
Antitrust: Cartel fines against styrene buyers // Antitrust: ECJ rules on the scope of disclosure of "relevant evidence" in private enforcement of competition rules // State Aid: Commission must conclusively assess the existence of State aid before it may decide on its compatibility with the internal market // State Aid: ECJ overturns judgments against Volotea and easyJet and addresses the requirements of the definition of State aid // State Aid: Increase and Amendment to German scheme to support companies in context of Russia’s war against Ukraine approved by Commission // State Aid: German measure approved by Commission - Germany is allowed to take over SEFE GmbH (formerly Gazprom Germania GmbH) // REPowerEU: Acceleration permitting in the renewable energy sector to speed up green transformation
In the face of the ongoing energy crisis, do we now reverse the coal and nuclear phase-out? What measures are needed to ensure that the very acute energy crisis is not only averted, but also that no such scenario occurs again? And what role do energy lawyers at Chatham Partners play in all these issues? These were the topics we delt with at our evening for young lawyers last week.
State Aid: Revised State aid Framework on State Aid for Research, Development and Innovation adopted // State Aid: Amendment and extension of the Temporary Crisis Framework // Antitrust: Commission publishes leniency guidelines // Antitrust: ECJ rules on the recovery of infrastructure usage charges and answers question on the relationship between regulatory authorities and civil courts for the application of Art. 102 TFEU // Public Procurement: ECJ - Contracts for public passenger transport on inland waterways may not be concluded without a competitive tendering procedure // Antitrust: International Competition Network - Statement on Competition in Times of Economic Crisis
We advised the Austrian furniture company XXXLutz in its acquisition of the online furniture retailer Home24.
Ajla Deichmann joined our energy law team at the beginning of November. Ajla already spent a successful stage as part of her legal clerkship here at Chatham. We are happy to have her now join our team as associate. Welcome to Chatham Partners, Ajla! Great to have you back with us!
We have advised Peakside Capital Advisors on the sale of the Historic Telecommunications Office in Hamburg to the Bayerische Versorgungskammer.
Wir freuen uns sehr, Euch zu unserer nächsten Veranstaltung am 3. November 2022 einzuladen, bei der wir Euch einen Eindruck von der Arbeit unseres Energierechtsteams und der aktuellen Energiekrise verschaffen wollen.
Merger Control: Commission prohibits acquisition of GRAIL by Illumina // State Aid: Approval for second hydrogen IPCEI and German measures to support the production of renewable hydrogen for BASF and Salzgitter // State Aid: Approval of three further measures for Germany to promote renewable electricity generation // Antitrust: FCO requires Lufthansa to continue and adjust cooperation with Condor // Antitrust: FCO accepts sugar cooperation and LNG terminals due to the crisis // Public Procurement: ECJ rules on possibility of participation in public procurement procedures by tenderers in an economic unit // BMWK presents draft for the 11th ARC amendment
As a result of the current handling of offshore grid connection capacities, existing production capacities of offshore wind farms remain unused, although their use is technically possible.
State Aid: Green Deal – Approval of German scheme to compensate indirect emission costs in favour of energy-intensive companies and approval of German scheme to promote green district heating // Antitrust: FCO publishes Annual Report 2021/2022 // Merger Control: FCO clears Kühne's share increase to become Lufthansa's largest shareholder // Merger Control: Due to concerns of the FCO - acquisition of Maersk Container Industry by China International Marine Containers Group withdrawn
As of 1 September 2022, Jochen Wilkens will join the Chatham Partners LLP team as a new partner.
Linn Lehne joined our real estate law team at the beginning of September. Welcome to Chatham Partners, Linn! Great to have you onboard!
Fabian Motazedi joined our real estate law team at the beginning of September. Fabian already spent a successful stage as part of his legal traineeship here at Chatham and continued to supported us from London during his studies. We are happy to have him now join our team as associate. Welcome to Chatham Partners, Fabian! Great to have you back with us!
Merger Control: EGC grants competition authorities extended referral and review powers and Commission strictly pursues allegations of gun jumping // State Aid: Approval of German Scheme to support energy- and trade intensive companies – Amendments of the Temporary Crisis Framework // State Aid: Commission approves 41 hydrogen IPCEI projects – “IPCEI Hy2Tech” // Political agreement on Regulation on competition-distorting subsidies from third countries – Taxonomy: No Objection of Parliament to include gas and nuclear as sustainable economic activities // Antitrust: Dawn Raids even in times of crisis // Antitrust: Commission fines metal packaging producers millions over allegations of information sharing in breach of antitrust law
EGC annuls Commission decision imposing a monetary penalty of almost EUR 1 billion // Antitrust: EU Commission opens investigation into possible anticompetitive disparagement of iron medicine // Antitrust: Commission not obligated to initiate antitrust proceedings against Velux // Commission launches new Alliance for zero-emission aviation // Antitrust: Retrospective decision on illegal non-competition clause // Antitrust: Fines for vertical collusion in industrial construction // FCO terminates proceedings against Orderman without penalty // EU-Sanctions against Russia – as of now
The drilling project for the extraction of deep geothermal energy by Deutsche Erdwärme GmbH in Graben-Neudorf is making good progress.
As of 1 July 2022, our colleague Christos will join Chatham Partners as partner.
We warmly welcome Julia Reichenbach! Since the beginning of this month she supports our energy-team as an assistant. Before joining Chatham Partners, Julia had already gained experience as an assistant and is therefore a valuable addition to our back-office team. Welcome to Chatham Partners!
Once again, we are happy to have received numerous recognitions in this year’s Best Lawyers ranking in cooperation with the Handelsblatt.
Merger Control: General Court confirms “gun-jumping” Decision of European Commission against Canon // Antitrust: „Catena-X“ Cooperation is able to start // Antitrust: New EU Vertical Block Exemption Regulation and Vertical Guidelines // State Aid: German umbrella scheme to support companies due to the Russian invasion of Ukraine approved // State Aid: EGC overturns Commission Decision after complaint by natural person // Antitrust: Decision of the ECJ regarding the conduct of formerly monopolist enterprises // German Competition Register in full Operation.
Dr Rüdiger Zeller joined Chatham Partners in April 2022 as a partner in the Corporate / M&A team. He has many years of professional experience in the transaction business and corporate law and is therefore a valuable addition to Chatham Partners. Welcome to our team!
Staid aid: Approval of German scheme to support companies due to the Russian invasion of Ukraine // Staid aid: European cloud projects – 26 German companies to be subsidised by IPCEI // Antitrust: Start of an ad hoc examination of the mineral oil sector by the FCO // Antitrust: FCO issues statement of objections against Deutsche Bahn due to possible hindrance of mobility platforms // Public procurement: impact of Russian aggression against Ukraine // EU-Sanctions against Russia and Belarus – as of now // Merger Control: Federal Ministry for Economic Affairs and Climate Action forbids take-over of Heyer Medical by Chinese Aonmed Medical
Hannah Randau joined our energy law team at the beginning of April. Before joining Chatham Partners, she worked in the field of environmental and planning law as well as energy and mining law and is therefore a valuable addition to our team. Welcome to Chatham Partners! Great to have you on board!
Shortly before the Easter holidays, the Federal Cabinet passed the Easter Package, which it described as the "largest energy policy amendment in decades". In addition to extensive changes to the EEG, the WindSeeG, the EnWG and numerous other laws and ordinances are also being amended. Our attached presentation informs about the most important changes.
EU-Sanctions against Russia and Belarus – as of now // Adoption of a Temporary Crisis Framework to support the economy in context of Russia’s invasion of Ukraine // Statement of the European Competition Network on the application of competition law in connection with the war in Ukraine // Dawn Raids in the automotive sector and Dawn Raids at German natural gas companies // European Court of Justice: ruling on copyright compensation for private copies in the cloud // Purchasing cooperation „Die Freien Brauer“ approved by FCO.
The 4th edition of the Münchener Kommentars zum Wettbewerbsrecht, Volume 5, Beihilfenrecht (State Aid Law) is now available.
FCO underlines conditions for co-operations between competitors // FCO formally warns Lufthansa for termination of agreement with Condor // FCO imposes fines against quota cartel in the road building sector // General Court of EU rules that European Commission must consider deficiencies in the rule of law in decision for competence of competition authority // General Court confirms million Euro fine in the lorry cartel case // Commission approves another € 1.7 billion in State aid for BER airport.
With its new so-called CEEAG, which were formally adopted on 27 January 2022, the Commission reacts to the new EU targets set out in the European Green Deal.
We are doubly pleased: In the latest Legal 500 ranking, Chatham Partners is listed in two areas among the top German law firms (“tier 2”).
Merger Prohibitions and Examination of the new Section 39a of the German Act against Restraints of Competition (GWB) // Abuse of market power: EGC overturns fine imposed on Intel // State Aid for airport: Lufthansa fails with lawsuit // German Federal Administrative Court rejects emergency motion against continued construction of Fehmarn Belt Fixed Link.
To kick off the project course on Construction Project Development, our lawyer Christian Hopf held a basic workshop on sector planning and planning approval law for students of Bucerius Law School.
The new Commission draft defines evaluation criteria for natural gas and nuclear energy allowing to classify such activities as sustainable within the Taxonomy Regulation.
New CEEAG coming in 2022 // New Guidelines on State aid to promote risk finance investments // German aid scheme für H2Global project approved // Competition Register in Germany becomes operational // Long-lasting private State aid enforcement proceedings finally decided.
We welcome Thomas Hinrichs as the newest member of our firm's energy law team. Prior to joining Chatham Partners, Thomas worked in Berlin and has in-depth experience in the energy sector as well as competition law. Welcome to our team!
From 2022 onwards, transparency and participation of small and mediumsized enterprises will be strengthened in important projects of common European interest.
In past week’s webinar by the WORLD FORUM OFFSHORE WIND e.V. (WFO) on “Offshore Wind Development Challenges” our partner Felix Fischer discussed challenges and opportunities of finding sufficient space for offshore wind in the German Exclusive Economic Zone. The video recording of the webinar now available.
While still high-level, the results of their much faster than expected and successful sounding were published on 15 October 2021. They might just provide for even more investment opportunity in renewable energy in Germany - especially onshore wind might return to be one of the big winners!
The European Green Deal and the question of whether the EU is on the right path to climate neutrality with its "Fit for 55" package - these were the topics of yesterday’s trainee event. Felix Fischer and Dr Christos Paraschiakos provided information on the proposed amendments and outlined their relevance for legal advice. This was followed by a lively discussion with all participants. As always, the evening was rounded off by a relaxed get-together with sushi and drinks.
Digital Workshop for the student counsellors of the Refugee Law Clinic Hamburg
On 7 September 2021, the Swiss Federal Administrative Court largely sustained the appeals lodged by three German counties and a German municipality against the approval of new operating regulations for Zurich Airport (which is located some 15 km south of the Swiss/German border).
The Chatham team invites you to out next trainee event on Thursday, 14 October 2021, with a presentation and subsequent discussion on the topic Fit for 55 - on the (right) path to climate neutrality? Our partner Felix Fischer and our lawyers Dr Christos Paraschiakos and Philipp Reinecke will give an overview of the main proposed amendments of the "Fit for 55 Package" and present their relevance for legal advice.
European Commission Provides Insight into EU Competition Policy in Support of Green Deal.
In future, the German Federal Network Agency will have to set grid fees for electricity and gas independently and free from political influence. This is the conclusion reached by the ECJ in a landmark judgement of 2 September 2021 (case C-718/18), fully upholding a corresponding complaint by the European Commission. The role of the regulatory authority based in Bonn is likely to be strengthened by the judgement. The industry is reacting cautiously.
On 14 July 2021, the European Commission proposed profound amendments to its current climate, energy and transport related legislation. We provide comprehensive synopses for a better understanding of what changes are being discussed and considered.
On 25 June 2021, the Federal Council approved the German Federal Parliament's resolution on the so-called transparency register and Financial Information Act (TraFinG) of 10 June 2021. The TraFinG has come into force on 1 August 2021. This entails far-reaching changes with regard to the transparency register, in particular the obligation of all German companies to report their beneficial owners (almost) without exception. An intentional violation of the reporting obligations under the German Money Laundering Act may result in fines of up to EUR 150,000.00. In the event of serious, repeated or systematic contravention administrative fines can be much higher.
Under the 2017 EEG, self-suppliers from highly efficient combined heat and power plants only paid 40 % of the EEG levy for the electricity they consumed themselves in accordance with section 61c I EEG. With the 2021 amendment to the EEG, the legislator has brought back the "claw-back" mechanism in Section 61c II EEG and again significantly restricted the exemption from 3,500 full hours of use - with retroactive effect from 1 January 2019. Those affected must expect substantial additional payments. In their newly published IR article, our colleagues Dr Christos Paraschiakos, Philipp Reinecke and Jonathan Schramm discuss the constitutional permissibility of this retroactive effect, taking into account the provisions of EU state aid law.
The next milestone has been reached. The State Mining Directorate at the Freiburg Regional Council approved the planned drilling project for the extraction of deep geothermal energy in Graben-Neudorf.
Parkwind and Vattenfall will cooperate in the direct marketing of offshore wind in the future: The Vattenfall Renewables team has been commissioned with the marketing of renewable electricity from the "Arcadis Ost 1" offshore wind farm. The operating company Parkwind Ost GmbH and Vattenfall have concluded an agreement in this regard. Parkwind Ost is a subsidiary of Parkwind N.V. based in Belgium.
"Corporate lawyers or working in a law firm - same same or different? - This was the topic of our first virtual trainee lawyer lunch event yesterday. During a joint remote lunch, students and trainees had the opportunity to gain deeper insights into the diversity of the legal working world and to ask Cathrin Browne, Lead Legal Counsel at Ørsted, and our partner Felix Fischer questions about the similarities and differences between legal work in companies and law firms.
Chatham Partners has advised the Spanish RIU Group on the acquisition, from TUI Group, of a minority stake (49%) in RIU Hotels, S.A. which in turn owns a real estate portfolio of 21 hotels. The acquirer is the RIU-owned Saranja, S.L. which now will be the sole owner of that portfolio.
We are once again delighted to have received numerous acknowledgements in this years’s Best Laywers ranking in cooperation with the Handelsblatt. In addition to Dr Michael Schäfer as "Laywer of the Year" in the areas of environmental law and regulatory practice, Dr Marco Núñez Müller (competition and antitrust law), Felix Fischer (energy law) and Dr Sebastian Kamm (corporate law and M&A) were also honoured as “Best Lawyers”
Our colleagues Dr. Carmen Schneider and Philipp Reinecke will be speakers at this year's meetingpoint.energy conference as part of the digital “Branchentag Windenergie NRW“. Dr. Carmen Schneider will be an expert on the panel on "PPA - options in a supposed jungle" on Thursday, 24 June 2021.
Parkwind announced today that the 257MW Arcadis Ost 1 offshore wind farm reached financial close on 14 June 2021. The project raised about EUR 570m of debt from a group of nine lenders and will become Parkwind’s first offshore wind farm outside of Belgium.
We invite all interested students and trainees to our next trainee event on 30 June 2021. We are pleased to welcome Cathrin Browne from Ørsted as a guest speaker at this lunchtime event. Together with our partner Felix Fischer, she will discuss the similarities and differences between working as a corporate lawyer and working in a law firm.
Yesterday we had the opportunity to address current case law on rent reductions in a lunch break webinar. We focussed on the question of whether tenants are only obliged to pay a reduced rent due to pandemic-related closure orders. In this context, we looked at tenancy agreement provisions that are relevant in the assessment of each individual case.
Your are invite to a virtual update on commercial lease agreements on 2 June 2021 between 12:30 and 13:30.
On 7 May 2021, the German Parliament (Bundestag) passed the Building Land Mobilisation Act, which extends municipalities' competencies to create affordable housing and to protect tenants. Before the new law can come into force, the Federal Council (Bundesrat) still needs to approve the controversial reforms.
Every CO2 emission today means less freedom tomorrow. The judges in Karlsruhe based their argumentation on this logic. They thus put a stop to the appeal to the conceivable (saving) innovations of tomorrow. The resolution is a warning shot and knocks down stakes: Do not assume that innovation will save us! Assume that tomorrow, too, freedom will be synonymous with harmful emissions and will continue to eat up our residual CO2 budget!
We knock on wood - for the next five years. It all started in May 2016 with 5 lawyers, yesterday we celebrated our fifth anniversary - thank you to our clients for their loyalty and to our great team for the first-class work!
The ARCADIS Ost 1 offshore wind farm project optained an approval permit under the Federal Immission Control Act on 31 March 2021.
The offshore project is expected to go into operation in 2024 and will be built in parallel with the "Borkum Riffgrund 3" offshore wind farm. Approval has now been granted for Gode Wind 3 by the relevant authorities.
After the first-instance ruling of the Higher Regional Court in Munich, tenants had hoped to be able to defend themselves against rent increases that were imposed on them due to modernization announcements shortly before the deadline expired. The court’s ruling most likely was a disappointment to them.
Sprinkenhof acquires the office building at Mittelweg 176-177. With payment of the purchase price on 31 March 2021 the transfer of economic ownership is thus completed.
Whether a contract is to be classified as a sales contract or a contract for work and services has become much more important due to two at first glance contradictory BGH jurisdictions and is crucial when asserting warranty rights.
On April 15, 2021, the German Federal Constitutional Court declared Berlin's controversial rent cap (“Mietendeckel“) unconstitutional because the state of Berlin lacked legislative authority.
After a previous bill which limited exemptions from the duty to pay real estate transfer tax (RETT) in the case of share deals was stopped due to heavy criticism, the coalition has now agreed on a reform, according to media reports.
The German Federal Court of Justice specifies its (very) high requirements for the compensation of bidders.
According to media reports, the German coalition parties have agreed to overcome the existing trade tax hurdle for tenant electricity projects.
In April the external training modules of our Chatham Academy in co-operation with the Bucerius Academy will start the next round.
Chatham supports the commitment to gender equality in all areas of life!
For the first time, two Higher Regional Courts have ruled on the allocation of the pandemic risk be-tween lessors and lessees in commercial tenancy law – they decided quite differently. The question is now likely to end up at the Federal Court of Justice.
The ECJ may soon have to decide how much longer EU Member States will effectively be able to directly award contracts in the field of rail passenger transport.
Once compensated parking spaces also benefit subsequent construction projects on the same plot of land.
Chatham launched its soft skill training for students of the University of Kiel who offer advice for refugees.
Shortly after Section 19a ARC entered into force, the German competition authority already announced that it would examine the provision in its Facebook/Oculus proceedings.
The investigative news magazine Frontal 21 interviewed Chatham partner Dr. Marco Núñez on EU state aid law implications for the terminated German car toll operator contract.
The Higher Regional Court of Brandenburg confirmed the exclusion of a bid for the supply of tram vehicles due to its high share of third-country origin goods.
Subsidy or state aid law affects far more companies than one might generally think. In cooperation with BVMW, our EU / Competition-team will host an online workshop that covers the most important basics of this legal field and much more.
Chatham Partners listed as leading law firm in 2021
Chatham establishes first of its kind deep sea-Task Force.
On January 19, 2021, the Commission for Urban Development approved the adoption of the HafenCity 16 zoning plan by the Senate of the Free and Hanseatic City of Hamburg.
In its current 2020/2021 edition, Legal 500 ranks Chatham Partners among the leading law firms in Germany and recognizes Dr. Marco Núñez as a leading name in EU state aid law.
Legally binding cartel fines against companies and responsible managers totalling EUR 6 million for price-fixing and discount agreements, among other things.
BGH publishes its 2nd decision and German FCO opened further proceedings.
Since 1 January 2021, the new Official Scale of Fees for Services by Architects and Engineers (Honorarordnung für Architekten und Ingenieure, HOAI) has been in force as a consequence of the European Court of Justice’s (ECJ) scolding of the previously valid HOAI under European law.
According to the Higher Administrative Court of North Rhine-Westphalia, it does not violate the principle of consideration (Rücksichtnahmegebot) if a multifamily residence planned in a residential area towers above the existing neighbouring house, thus enabling views of the neighbouring property and also casting a shadow on it. What are the consequences of this decision?
Hamburg Senate passed respective Ordinance.
The judgement of the Administrative Court of Trier of 10 September 2020 (court file no. 2 K 4848/19.TR) substantiates the requirements for the market investigation procedure in broadband expansion and highlights a possibility of private enforcement in state aid law.
On 9 December 2020, the Federal Court of Justice (Bundesgerichtshof) ruled that a tenant is entitled to inspect the payment receipts underlying the service charge statement.
Hot off the press from the Federal Law Gazette: On 15 December 2020, the BSH issued the first ordinance on the implementation of the Wind Energy at Sea Act, thereby establishing the suitability of areas N-3.7, N-3.8 and O-1.3 for use by wind energy in the EEZ. The First Wind Energy at Sea Ordinance (1. WindSeeV) was promulgated this morning in the Federal Law Gazette.
The Instruction 1/2013 of the (former) Department of Urban Development and the Environment of the Free and Hanseatic City of Hamburg, which specifies the design values for the number of necessary parking spaces and bicycle spaces in accordance with Sec. 48 HBauO, will lose its validity at the end of 6 June 2021. The Department of Urban Development and Housing is currently working on a reform of Hamburg's parking space regulations.
Our highlight in times of social distance and closed mulled wine stands: Santa Claus was here!
On 13 December 2020, the Federal Chancellor and the heads of the federal states decided, among others, that for commercial tenancies and leases affected by government COVID-19 measures, it should be legally presumed that significant (use) restrictions as a result of the COVID-19 pandemic may constitute a serious change in the basis of the contract within the meaning of section 313 of the German Civil Code (BGB).
Signa has acquired the headquarters of HCOB Hamburg Commercial Bank in Hamburg's city centre - including the connected shopping mall. The bank will also become a major tenant in Signa's Elbtower. It will occupy at least 11,000 sqm of space there from 2025.
After the purchase agreement between the city and Gruner + Jahr (G+J) from 2016 regarding the publisher's property on Baumwall was amicably cancelled this summer, G+J sold the property on Baumwall to the internationally renowned real estate developer Tishman Speyer as planned. In order to exert significant municipal influence on the future use and development of the Baumwall site, the city has entered into a comprehensive agreement with Tishman Speyer, under which Tishman Speyer has assumed extensive obligations with regard to the future use and development of the Baumwall property.
On 27 November 2020, the Federal Council approved the law on amendments to the WindSeeG in particular, which was passed by the Federal Parliament in early November 2020. It will now be forwarded to the Federal President for signature. The amendments will enter into force on the day after their promulgation and are further described in a short overview by Joyce von Marschall.
German geothermal developer Deutsche ErdWärme has added a fourth geothermal development in the Upper Rhine region of Baden-Württemberg, Germany to its portfolio.
Buildings whose construction starts after 1 January 2023 or buildings whose roof cladding is completely renewed after 1 January 2025 must in principle operate a photovoltaic system on the roof. The Hamburg Senate to issue details by the end of this year.
In its ruling of 13 October 2020, the 2nd Civil Chamber of the Regional Court of Berlin dismissed the action brought by a barkeeper against the Federal State of Berlin for the forced closure of his pub, thus adopting a position on "COVID-19 compensation" for the first time.
By judgement of 11 November 2020, the Regional Court of Bonn (LG Bonn, file no. 29 OWi 1/20 LG) significantly reduced fines that the Federal Commissioner for Data Protection and Freedom of Information (BfDI) had imposed on the telecommunications service provider 1&1 at the end of last year.
On 2 September 2020, the President of the German Federal Cartel Office Andreas Mundt, summarized the antitrust principle to be applied, by the FCO, during the COVID-19 pandemic: "cartels no, co-operation yes".
On 5 November 2020, a top EU official, appearing as a witness before the 2nd Investigative Committee of the German Federal Parliament, clearly rebutted the German transport minister´s allegation that he had "definitely waited for all decisions" before triggering the German passenger car toll scheme and awarding, in December 2018, the pertinent, high risk car toll concession contracts to the winning consortium.
Anyone who knows the pitfalls of antitrust law has clear advantages in defending against risks and exploiting opportunities. The most important note items for all industries and enterprises also the middle class - on this topic Chatham Partners organised a well visited online workshop in co-operation with the BVMW.
News on the Renewable Energy Act 2021 Reform Bill, the European Electronic Communications Code and many more - the newest edition of our GIB is available.
Antitrust infringements by SMEs can lead to reputational damages and, even more important, severe fines and damage claims. Prevention is therefore of vital importance. On this subject matter, our EU Competition team holds an online workshop in cooperation with BVMW.
The Commission for Urban Development has approved the interpretation of the draft development plan HafenCity 16 for the Elbtower. The interpretation is to take place from 3 November to 3 December 2020.
There will now be more office space in the skyscraper, but less hotel capacity.
Representatives of the green party request disclosure of the project contract concerning the A49 PPP project between the federal republic of Germany and STRABAG.
The company Deutsche Erdwärme classifies the results of a measurement campaign as positive. After the discovery of several geological fractures that could be suitable for the extraction of thermal water for the operation of geothermal energy plants, further steps are being considered.
In another episode of the EEHH webinar series "Offshore Trends 2020", Dr. Carmen Schneider will discuss the advantages and disadvantages of "contracts for differences" with other speakers on 22 October 2020.
By order of 21 September 2020 (file no. 3 U 1099/20), the Nuremberg Higher Regional Court confirmed the judgment of the Bayreuth Regional Court of 19 March 2020 (file no. 1 HK O 28/19). The decision is likely to have an impact on virtually all existing offshore wind farms.
Unibail-Rodamco-Westfield has started the letting process for 48,000 m² of office space in the Westfield Hamburg-Überseequartier.
With the two "Gesellschaftsspiegel" by Danish artist Olafur Elíasson on "Alter Wall", the development of the area is nearing completion.
Dr. Carmen Schneider and Mario Schliephake point out the case law on the reimbursability of balanc-ing energy costs of the direct marketer. They also evaluate the effects of NABEG 2.0 on this subject in the most recent issue of the EnWZ.
In Hamburg, the use of solar roofs is obligatory for new buildings (2023) and roof refurbishments (2025).
Project developer Deutsche ErdWärme holds public information event about geothermal project in Graben-Neudorf. The project as part of a project portfolio is to contribute in to the power supply of the region with base load capable renewable energy.
On Friday, 4 September Carmen Schneider will give presentation on the topic of the Compensation Scheme for Offshore Windfarms at the Windforce conference in Bremerhaven.
As in previous years, we attended the Offshore Wind Economic Forum on Helgoland and gained valuable insights.
What was the German Toll Project? What went wrong with its procurement procedure? Will the government be held liable? Our lawyer, Dr. Christos Paraschiakos, provides answers to these questions as part of the Bucerius Law School video series "Fofftein".
Tishman Speyer develops the publishing headquarters of Gruner + Jahr. The office complex at the edge of the harbour, which was completed for Gruner + Jahr in 1990 to designs by the architects Otto Steidle and Jürgen Kiessler, with its significant, listed ship appearance is to be preserved.
The Wirtschaftswoche 2020 rates Chatham Partners as „TOP firm 2020“ in cartel/competition law.
Dr. Marco Núñez (and, in the future, Miriam le Bell and Dr. Christos Paraschiakos) authors numerous chapters in the State Aid section of the renowned commentary “Münchener Kommentar”.
Dr. Carmen Schneider and Dr. Arne Weber (RWE Supply & Trading) analyse wholesale energy trading in Europe in the energate messenger and address the question "Peer-to-peer trading - is there room for the blockchain?"
Construction works for a six-lane expansion of the motorway A3 have started.
The Trianel Borkum II wind farm is fully operational. After a construction period of 2 years, all rotors of the 32 wind turbines in the municipal offshore wind farm in the North Sea have been turning since 30 June, informs the municipal utility cooperation. The turbines have a total capacity of 200 MW and can thus, in terms of figures, supply around 200,000 households per year.
The first issue of our quarterly infrastructure investor/asset manager oriented bulletin including selection of legal, regulatory and political developments in the German infra space is available!
Dr. Joyce von Marschall contributed a publication to the celebration of the 200th anniversary of the Higher Regional Court of Hamm with the title "Mining Law through the ages". Within the scope of her publication she dealt with the public law requirements for deep geothermal energy projects with special consideration of mining law.
STRABAG Infrastruktur GmbH was awarded the four-lane expansion of the A49 motorway.
We are delighted to announce that four of our partners - Dr. Michael Schäfer, Dr. Marco Núñez Müller, Angar Porthun and Dr. Sebastian Kamm - have been recognised in the 2021 Edition of “The Best Lawyers in Germany” (in co-operation with Handelsblatt). Congratulations!
PPAs are increasingly becoming an important financing option for renewable projects in the post-EEG era. With the abolition or or reduction of the EEG subsidy, their importance would increase, says Carmen Schneider. In an interview with energate, she explains what challenges the PPA market will have to overcome in the Covid-19 crisis.
Many thanks to Arne M. Weber from RWE Supply & Trading, Michael Waldner from Pexapark and Christoph Hörbelt from Ørsted and a great audience for yesterday’s interesting discussion with Dr. Carmen Schneider on the topic of PPAs and their function.
The majority of energy market players, as well as the offtakers consider Corporate PPAs to be of great importance in the German energy market of the future. It is questionable whether the effects of the COVID-19 crisis will affect the economic attractiveness of PPAs. Carmen Schneider held a web seminar on this topic as part of the EEHH series: "Digitaler Treffpunkt Erneuerbare Energien Hamburg 2020", which was very well received.
Now that corporate PPAs have long been established as a marketing instrument in Europe, their conclusion is increasingly being reported in Germany as well. How they work and whether they are still a forward-looking market model after corona is explained by Carmen Schneider in a guest article on the Milk the Sun blog.
Read our in depth assessment of efficient of COVID-19 pandemic and related government measures and infrastructure investing and including a bold prognosis.
For large-scale infrastructure projects such as the German toll project, even carrying out a proper procurement procedure proves to be a challenge. However, EU state aid law also imposes strict requirements, failure to comply with which can trigger serious consequences.
The Planning Security Act will apply to procedures under the WindSeeG, EnWG, NABEG, BauGB, ROG, BImSchG, WHG, BBergG and UVPG, among others.
Today, 4 years ago, Chatham Partners opened its doors to its first clients - together we have succeeded in winning great clients with interesting mandates. We are grateful for this and look forward to the coming years!
Many businesses suffer serious losses because of Covid-19 measures that impair business activities, but are they entitled to a compensation under German law? In an interview with Frankfurter Allgemeine Zeitung (faz.net), our lawyer Christos Paraschiakos explained the underlying legal issues.
The COVID-19 pandemic and the associated regulatory orders and other precautions also have a significant impact on real estate projects.
Chatham has created short-term capacities fo legal trainees who, due to current circumstances, have received a short-term cancellation for their stage or who cannot take up their stage for other reasons. Interested students can get in touch with us by emailing to career@chatham.partners.
Not only as a trade instrument for post-EEG plants (producing renewable energy not covered by the statutory feed-in tariffs pursuant to the German Renewable Energy Sources Act), but also as a financing model for new plants, the majority of energy market players consider Corporate Power Purchase Agreements (Corporate PPA) to be a (very) important factor in the German energy market of the future. Offtakers share this view. With regard to the Corona crisis, the question arises whether its effects will have a lasting impact on the economic attractiveness of Corporate PPA in the German electricity market.
Download and read a further note our COVID-19 briefing series on the topic of hurdles to company management in times of COVID-19.
Chatham Partners is also doing its part to slow down the spread of the corona virus. We have been accompanying our clients from their home office for over two weeks.
Our attorneys Felix Fischer, Dr. Joyce von Marschall and Dr. Sven-Hendrik Schulze have dealt with the difficulties to be expected due to COVID-19 in the context of public participation in major planning approval procedures. They show the possibilities that the hearing authorities already have for effective remedy under the current legal situation, but at the same time they also express the wish for more digitization in planning approval law.
Our Client Briefing summarizes the most recent developments with regard to antitrust law.
Our briefing on potential implications of COVID-19 restrictions on English and international common law contracts.
Only few seats left for our second edition on the evening of 26 Feb. We will discuss the exciting Westkueste100 project with Volker Malmen (Ørsted) and Arne Stecher (Lafarge-Holcim).
Full house at Chatham - there were no places left for our trainee event yesterday evening on the subject of "car toll".
She has many years of professional experience in the field of real estate commercial law with a focus on advising on real estate transactions and lease agreements.
We invite all young lawyers to our event on the subject of "Car toll - serious mistakes or business as usual" on 20 February 2020, 7 pm.
If a building project requires exemptions under building planning law, there are some special features to be considered - especially in Hamburg. Our partner Michael Schäfer was available to answer questions on these issues during our evening event.
The historic telecommunications office in Schlüterstraße in Hamburg is to extend by 52,000 m² the campus of the University of Hamburg from autumn 2023. Chatham Partners advised the owner on the conclusion of the 30-year lease agreement with the city.
On 16 January 2020, our partner Dr. Marco Núñez participated as an expert in a hearing of the German Federal Parliament (Car Toll Investigative Committee).
When it comes to State aid law, according to Legal 500 (2020), Chatham Partners belongs to the top 10 law firms in Germany.
Geothermal developer Deutschen ErdWärme has achieved major milestone by concluding seismic campaign for the company's Waghäusel-Philippsburg geothermal project. The project is part of the company’s portfolio to contribute to the regions supply with base load capable renewable energy.
Due to advancing technology in the offshore sector the currently unused and enormous potential of wind energy in the high seas becomes increasingly interesting and realistic. But is the current legal regime capable of exploiting this potential?
The noise protection tunnel on the motorway A7 opens for traffic.
According to Felix Fischer's and Sven-Hendrik Schulze's publication, network operators will probably be allowed to participate in the hydrogen market only within very narrow limits.
Cartel agreements in public tenders are of course prohibited. One might think that this also applies to tenders under the EEG 2017, but does the principle of secret competition also apply here without restriction?
In the chapter Transport: Regulatory, Dr. Marco Núñez receives an accolade in the 2020 issue of the JUVE handbook as “frequently recommended” (“thorough and fast”, client). Congratulation Marco Núñez!
See the video for some key insights from our first H2 Panel at Chatham Partners LLP in Hamburg.
Ørsted will in future manage the offshore wind farms Borkum Riffgrund West 1 and 2 as well as OWP West under the joint project name Borkum Riffgrund 3 and also build them as one project. The same applies to Gode Wind 3 and 4, in future called Gode Wind 3.
For Lawyers Magazine, Carmen Schneider provides insights into a boutique law firm, consulting practice in energy law and renewable energies.
In a legal opinion, Chatham Partners evaluated the predictability of the ECJ ruling on car tolls and its appropriate consideration in toll contracts.
The great importance of offshore wind power for achieving the German government's climate policy goals continues unabated. However, offshore wind farms still face technical, economic and also legal challenges. Dr Carmen Schneider and Dr. Sven-Hendrik Schulze analyse this topic in their essay in the current issue of the IR.
On June 6 the new Bucerius Kunst Forum celebrated its opening at the "Alter Wall" in Hamburg. In addition to the new exhibition hall, which extends over 800 square meters on one level, there is space for a comprehensive program of events.
Yesterday Carmen Schneider gave a lecture at the Berlin Euroforum conference, shedding light on the fundamental changes in the energy market and the legal challenges of algo trading.
At this year's Windforce conference in Bremerhaven, Carmen Schneider is on stage in a double act. Today she will be giving lectures on the topics of blockchain in the energy sector and PPAs and practical examples in the structuring of offshore wind PPAs.
The 2nd draft incorporates suggestions from the public consultation on the 1st draft of the NEP (906 comments received; for the NEP 2030 (2017) 2133 comments were received).
The newly build bridge on the motorway A6 crossing the Neckartal is the most expensive single measure of the PPP project and a major technical challenge.
Our overview of the common PPA models and the essential contents and legal pitfalls of a PPA, which should be considered by the contracting and financing parties.
Avoid antitrust fines and other disadvantages of anti-competitive behaviour: Miriam le Bell explains the benefits and necessity of antitrust compliance in the company and presents the typical components of an antitrust compliance programme as co-author of a comprehensive practice handbook from 2018.
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