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Noerr

BRIENNER STRAßE 28, 80333 MÜNCHEN, GERMANY
Tel:
Work +49 89 286 280
Fax:
Fax +49 89 28 0110
Email:
Web:
info@noerr.com
Alicante, Berlin, Bratislava, Brussels, Bucharest, Budapest and 10 more

Germany

Antitrust
Antitrust - ranked: tier 3

Noerr

Noerr’s ‘proactive’ and ‘quick-thinking’ antitrust team has ‘extremely good expertise’. It represented Bosch in complex negotiations surrounding the enforcement of antitrust damage claims against members of the European rolling bearings cartel and represented Kaufland in FCO sanction proceedings concerning price fixing. The firm also handled proceedings surrounding the air freight, sugar and cement cartels and high-profile merger controls. Other prominent clients include ZDF, ThyssenKrupp and Deutsche Telekom. Practice head Alexander Birnstiel is ‘very knowledgeable and forward thinking’; Kathrin Westermann and Karsten Metzlaff are also recommended. The team works closely with the firm’s offices in Brussels and Eastern Europe.

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Compliance
Compliance - ranked: tier 2

Noerr

Noerr’s Torsten Fett and his team tackle compliance from all angles and are predominantly active for major German corporations and financial institutions such as Commerzbank. Recent highlight work includes advising a DAX30 company on internal investigations related to an M&A transaction and coordinating a multi-jurisdictional investigation for the German subsidiary of a leading global engines manufacturer. Foreign trade and customs law are other fields of expertise.

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Employment
Employment - ranked: tier 2

Noerr

Noerr’s ‘proactive’ and ‘well-versed specialists’ give ‘competent and pragmatic advice’ on employment law, primarily to mid-sized companies but also to large entities such as Deutsche Bahn, Deutsche Telekom and BBC Worldwide. Recent work has focused on the deployment of external personnel, company pension schemes, restructurings and transactions. The firm advised Air Berlin on labour and data protection aspects of the introduction of a new computer reservation system. Practice head Andreas Butz is recommended for his ‘competence and availability’. Marco Tucci was promoted to partner, but Alexandra Otto returned to CMS.

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Non-profit
Non-profit - ranked: tier 2

Noerr

Noerr is ‘able to quickly identify commercial drivers’ in its advice on succession planning and taxation. Clients include charitable trusts, entrepreneurs and high-net-worth individuals. Lutz Schmidt jointly heads the team with Wolfram Theiss, who shows ‘exceptional experience’. Caroline Picot ‘manages cross-border issues with ease’.

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Tax
Tax - ranked: tier 3

Noerr

Noerr swiftly delivers ‘very high-quality advice’. The team focuses on tax aspects of transactions or financings and tax compliance; it also handles contentious matters. ‘Pragmatic, practical and knowledgeable’ practice head Carsten Heinz advised ActivumSG on the tax aspects of its acquisition of residential development company GRK-Holding. Meritor received advice on company pension scheme reorganisation matters. Lars Kutzner is an expert in criminal tax law and recent arrival Martin Haisch, who joined from Dechert in March 2017, has tax expertise in regulated finance products.

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Trade and distribution
Trade and distribution - ranked: tier 1

Noerr

Noerr renders ‘solution-oriented and reliable advice’, and takes into account ‘both commercial and legal considerations’. It advised Deutsche Post on tendering in relation to Europe’s largest parcel centre, operated by the client. The team has particular expertise in franchising matters and represented McDonald’s in negotiating a cooperation agreement with motorway services company Autobahn Tank & Rast. Karl Rauser heads the team, which also includes Christiane Zedelius and Albin Ströbl. Karsten Metzlaff has ‘excellent negotiation skills’.

Leading individuals

Albin Ströbl - Noerr

Karsten Metzlaff - Noerr

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Germany: Banking and finance

Financial services: regulatory
Other recommended firms - ranked: tier 1

Noerr

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Lending and borrowing
Banking and finance: lending and borrowing - ranked: tier 4

Noerr

Noerr’s expanding finance team provides ‘legal advice that is solid and practically oriented’. It often acts for banks such as key client NORD/LB, especially on LBO financings, and handles corporate finance mandates for a range of lenders and borrowers. The team recently advised IDT Biologika on obtaining finance to support operational needs and business expansion. Tom Beckerhoff joined from Ashurst LLP and Torsten Wehrhahn, who is recommended for his ‘excellent response times and sound advice’, was promoted to associate partner. Practice head Andreas Naujoks is a ‘skilled and solution-oriented negotiator with deep market knowledge’.

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Germany: Capital markets

Equity capital markets
Capital markets: equity capital markets - ranked: tier 6

Noerr

Noerr’s growing practice is ‘particularly strong in the mid-market segment’; the spectrum of advice ranges from IPOs and capital increases to takeover offers and delistings. It expanded its work for Oddo Seydler Bank, including handling the IPOs of Deutsche Konsum Grundbesitz and BRAIN. Other clients include quirin bank, Berenberg Bank and Piper Jaffray. The team also acted for lead manager and sponsor Hauck & Aushäuser and the issuer in Luxembourgish fintech company MyBucks’ IPO on the Frankfurt Stock Exchange. Holger Alfes and Gerald Reger lead the team, in which the highly active Laurenz Wieneke is also recommended. Ingo Theusinger and Michael Brellochs were elevated to the partnership.

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Germany: Corporate and M&A

Corporate
Corporate and M&A: corporate - ranked: tier 2

Noerr

Noerr provides ‘an outstanding level of service’ in its focus areas of compliance, transactions and restructurings, where it regularly acts for large German corporations and their subsidiaries; it also has a good reputation for its work with start-ups. The team assisted BBC Worldwide with amending and extending its joint venture with All3Media Deutschland. Corporate litigation is another focus and the team successfully defended a global car manufacturer against corporate and antitrust claims brought by a joint venture partner. Alexander Hirsch and Christian Pleister head the practice, in which Michael Brellochs and Ingo Theusinger made partner and Hans Radau is recommended. The firm hired Dominik Rompza from Freshfields Bruckhaus Deringer but Sebastian Wulff moved to Watson Farley & Williams LLP.

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M&A: large international deals (€500m+)
Corporate and M&A: M&A: large international deals (€500m+) - ranked: tier 2

Noerr

Noerr has ‘excellent legal and sector knowledge’ and provides ‘great value for money’. Alexander Hirsch and Christian Pleister lead the practice, which frequently acts for clients from the financial services and automotive sectors. It assisted Elektrobit group in selling its automotive business to Continental and displayed its real estate sector knowledge when advising Allianz Real Estate on setting up a joint venture with VGP. Thomas Schulz and Barbara Kusak are recommended. Dominik Rompza joined from Freshfields Bruckhaus Deringer; Martin Nigl and Andrea Zwarg made partner. Sebastian Wulff moved to Watson Farley & Williams LLP.

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M&A: mid-sized domestic deals (sub-€500m)
Corporate and M&A: M&A: mid-sized domestic deals (sub-€500m) - ranked: tier 1

Noerr

Noerr is able to ‘assemble a team of specialists within short timeframes’ at ‘reasonable value for money’. Alexander Hirsch and Christian Pleister head the team, which has notable expertise in regulated industries, particularly financial services, automotive and e-commerce. It advised Volkswagen Financial Services on acquiring a stake in sunhill technologies and acted for Deutsche Telekom during the purchase of 7,700 mobile telephony towers from Telefoìnica Deutschland. Felix Blobel, Jens Liese and Maurice Seìche are recommended. Dominik Rompza joined from Freshfields Bruckhaus Deringer; Martin Nigl and Andrea Zwarg made partner. Sebastian Wulff joined Watson Farley & Williams LLP.

Leading individuals

Sascha Leske - Noerr

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M&A: mid-sized international deals (sub-€500m)
Corporate and M&A: M&A: mid-sized international deals (sub-€500m) - ranked: tier 2

Noerr

Noerr’s ‘extremely proactive’ team led by Alexander Hirsch and Christian Pleister ‘accurately prioritises topics’. The team has a focus on regulated industries, particularly financial services, automotive, food and beverages, and media. It advised Pernod Ricard on a joint venture with Black Forest Distillers, and BBC Worldwide on amending its existing joint venture with All3Media Deutschland. Christoph Spiering and Hans Joachim Radau are recommended. Sebastian Wulff went to Watson Farley & Williams LLP, while Dominik Rompza joined from Freshfields Bruckhaus Deringer and both Martin Nigl and Andrea Zwarg made partner.

Leading individuals

Sascha Leske - Noerr

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Germany: Dispute resolution

Arbitration (including international arbitration)
Other recommended firms - ranked: tier 2

Noerr

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Commercial litigation
Dispute resolution: commercial litigation - ranked: tier 2

Noerr

Noerr has a strong track record in product liability cases, with regulatory and insurance disputes being other focus areas. It represented a company in a €2.5bn supply chain contract dispute and acted for Fresenius in product liability proceedings. Michael Molitoris and Oliver Sieg are the names to note.

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Financial services litigation
Dispute resolution: financial services litigation - ranked: tier 3

Noerr

Noerr has a roster of major financial industry clients, among them Sal. Oppenheim and Deutsche Bank. Michael Molitoris heads the team, which includes the recommended Hans Christian Kirchner and Kolja Dörrscheidt.

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Germany: IT and outsourcing

Data protection
IT and outsourcing: data protection - ranked: tier 2

Noerr

Data protection has evolved into a central pillar of Noerr’s highly regarded IT practice, which provides ‘very good and professional advice’. ‘Outstanding’ practice head Daniel Rücker and his group are regularly advising Spotify on general data protection matters and in its communication with relevant authorities and have also been increasingly active in assisting with data protection issues related to customer loyalty programmes, intelligent car systems and healthcare. Tobias Kugler is another name to note.

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Information technology (including contracts)
IT and outsourcing: information technology (including contracts) - ranked: tier 1

Noerr

Noerrclearly is one of the best firms for IT advice’ and ‘always achieves very good results, often even before the deadline’. The team, whose ‘humanity and expertise are perfectly harmonised’ assists IT companies, end-user corporations and financial institutions – such as Microsoft, Nash Technologies and Spotify – with licensing, contractual and transactional IT matters, and digital market issues; additionally, the group is ‘highly recommended’ for IT advice related to media regulatory and telecoms matters. In recent work, the team authored an expert opinion on the central legal issues of digitalisation and Industry 4.0 for the Federation of German Industries (BDI) and is continuing to assist Deutsche Börse with contractual matters concerning a multi-jurisdictional software project. Joachim Schrey has ‘very sound expertise’, Daniel Rücker is ‘at the top level technically’ and Peter Bräutigam is ‘an absolute expert’; practice head Thomas Thalhofer is also recommended.

Leading individuals

Peter Bräutigam - Noerr

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Outsourcing
IT and outsourcing: outsourcing - ranked: tier 1

Noerr

Noerr combines ‘very good and professional advice’ with ‘deep expertise’ in ITOs and BPOs and is frequently instructed by high-profile domestic and international clients across various sectors. Joachim Schrey advised Mercedes-Benz Bank on the transfer of its card emitter function for a credit card portfolio to BW Bank and Peter Bräutigam assisted Deutsche Telekom with the sale of T-Online to Ströer. Thomas Thalhofer heads the practice.

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Germany: Industry focus

Energy
Industry focus: energy - ranked: tier 3

Noerr

Known for its work on transactions and projects, Noerr has ‘excellent expertise in energy law’ and ‘a very good understanding of the industry’. It assisted industrial consortium H2 Mobility with the establishment of a joint venture for the construction of a Germany-wide network of hydrogen fuelling stations. Other clients include Iberdrola Renovables Offshore Deutschland, which the team advised on the Windanker wind farm project, and the Federal Network Agency, for which it acted in relation to new transmission lines. The ‘competent and engaged’ Cornelia Kermel has expertise in concessions and Holger Schmitz specialises in transactions. Practice head Christof Federwisch focuses on energy generation plants and other infrastructure. Offshore expert Maximilian Uibeleisen joined Ashurst LLP.

Leading individuals

Cornelia Kermel - Noerr

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Telecoms
Industry focus: telecoms - ranked: tier 2

Noerr

Transactions - ranked: tier 1

Noerr

Noerr’s ‘very good’ practice is increasingly visible in the market. It has been advising Deutsche Telekom on the takeover of 7,700 mobile communication locations from Telefónica and the acquisition of several frequencies in the 3.5 GHz spectrum from DBD Deutsche Breitband Dienste. Another client is Stadtwerke Weimar, which the team has been advising regarding the construction of fibre-optic infrastructure and the cooperation with a service provider regarding VDSL2 vectoring. The team often advises on IT and data protection matters, for which clients include Microsoft and NFON. Tobias Bosch and Tobias Frevert are recommended.

Leading individuals

Tobias Bosch - Noerr

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Germany: Insurance

Advice to insurers
Other recommended firms - ranked: tier 1

Noerr

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Insurance litigation
Insurance: insurance litigation - ranked: tier 2

Noerr

Noerr’s team has been busy advising on several high-value D&O claims and regularly acts for HUK-Coburg. It ‘gives advice within budget and timeframes’ and clients ‘would only use a competitor if the team was conflicted’. Insurance, reinsurance and liability insurance expert Helmut Katschthaler regularly handles complex claims, displaying ‘in-depth subject matter knowledge and commercial acumen’. Thomas Heitzer and Oliver Sieg jointly lead the broad team. A team which included the renowned Henning Schaloske and Tanja Schramm joined Clyde & Co LLP’s newly opened Dusseldorf office in September 2016.

Leading individuals

Oliver Sieg - Noerr

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Germany: Intellectual property

Patent litigation
Other recommended firms - ranked: tier 1

Noerr

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Trade marks and unfair competition
Intellectual property: trade marks and unfair competition - ranked: tier 4

Noerr

Noerr’s ‘forward-looking and pragmatic’ practice focuses on strategic advice and court actions, as well as trade mark administration, via its office in Alicante. The team successfully represented Crocs in infringement proceedings arising from imitation of the product design and acted for Karstadt in a competition dispute with Galeria Kaufhof regarding comparative advertising. Other clients include Abercrombie & Fitch, Lidl and Sony. The ‘very experiencedGeorg Jahn is recommended along with the ‘very client-oriented’ Sandra Redeker.

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Germany: Media

Entertainment
Media: digital content - ranked: tier 1

Noerr

Media: entertainment - ranked: tier 1

Noerr

Noerr ranks among the leading media practices in Germany and is particularly renowned for its advice on cross-border film financings and productions, contentious media matters and the digitalisation of business models. In recent cutting-edge work, practice head Ulrich Michel and Hans Radau assisted GFM Film with an innovative English-German co-financing structure and Johannes Kreile advised German producer association Allianz Deutscher Produzenten – Film & Fernsehen e.V. on a framework agreement with television station ARD, which led to the creation of Eckpunkte 2.0, a contractual terms paper that will guarantee a fair distribution of exploitation rights. The group also has considerable experience in advising on corporate, antitrust and IT-related media issues. Copyright work included assisting publisher Suhrkamp Verlag with copyright issues related to the filming of Hermann Hesse’s Narziss und Goldmund and, in another digital work highlight, advising Playbuzz on contractual matters concerning the sharing of user-generated content.

Leading individuals

Johannes Kreile - Noerr

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Germany: Private equity

Transactions
Private equity: transactions - ranked: tier 4

Noerr

Noerr’s team develops ‘bespoke solutions’ and ‘thinks outside the box’. It advised Alteri Investors on its takeover of Walz. Aurelius and Oakley Capital are new client wins. ‘Pragmatic, practical and knowledgeable’ tax law expert Carsten Heinz is recommended along with Dominik Rompza and practice head Georg Schneider, who has ‘excellent connections’.

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Venture capital
Private equity: venture capital - ranked: tier 2

Noerr

Noerr’s ‘creative, very service-oriented and highly professional’ team has again been able to generate a steady work flow due to its excellent relationship with Rocket Internet. Emerging Markets Online Food Delivery received advice on several financing rounds with a total value of €201m and the team assisted Holtzbrinck Ventures with several investments. The ‘very experienced’ Felix Blobel has successfully taken the lead in Berlin after Sascha Leske relocated to head the New York office.

Leading individuals

Sascha Leske - Noerr

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Germany: Public sector

Planning and environment
Public sector: planning and environment - ranked: tier 1

Noerr

Noerr covers an impressive range of topics, including a number of groundbreaking matters. The team drafted a study on a potential aviation industry emission trading scheme for the European Commission, while the Federal Ministry of Traffic and Digital Infrastructure received advice on subsidies for electronic mobility solutions. The majority of planning law matters relates to wind farms, where the team acts for several regional authorities. Practice head Holger Schmitz is recommended along with Martin Geipel, Robert Matthes, Martin Ahlhaus, Peter Bachmann and Christof Federwisch. Fabian Raddatz has been promoted to partner.

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Public procurement
Public sector: public procurement - ranked: tier 3

Noerr

Noerr has excellent healthcare and life sciences sector expertise, including through practice head Olav Wagner. It regularly advises pharmaceuticals companies on medication discount contracts and acts for clinics and clinic associations. Construction and services procurements are another mainstay, and Vivantes received advice on repeat cleaning services procurement proceedings. The team assisted the healthcare fund for postal workers (Postbeamtenkrankenkasse) with IT procurement matters. Fabian Raddatz has been promoted to partner.

Leading individuals

Olav Wagner - Noerr

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Germany: Real estate and construction

Construction (including construction litigation)
Real estate and construction: construction (including construction litigation) - ranked: tier 2

Noerr

Noerr is mainly active in plant construction and project development in the CEE region, as well as handling contentious matters; clients note that the firm is capable of ‘avoiding court cases by providing good advice’. The team is currently handling an arbitration for an international plant construction company surrounding the enforcement of repayment claims relating to a chemicals plant. Another client is a leading lighting company regarding the construction of an LED factory in Malaysia. Stefan Weise is the key name to note along with recently promoted partner Volker Bock, who is also an ‘experienced’ figure.

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Real estate
Real estate and construction: real estate - ranked: tier 1

Noerr

First choice for complex real estate matters’, Noerr’s practice group provides ‘seamless cooperation between multidisciplinary teams’, particularly in international mandates such as advising Allianz Real Estate on the European logistics joint venture with VGP. Practice head Alexander Goepfert and ‘strong negotiator’ Holger Alfes assisted key client Vonovia with the takeover of the SÜDEWO Group. Alexander Jänecke, who has ‘a very good sense for economic correlations’, acted for DIC Asset on the sale of an office property portfolio to JP Morgan. Annette Pospich has become a key figure in asset management, where one client is Unibail-Rodamco. Investment expert Jens Kunz was promoted to partner.

Leading individuals

Alexander Goepfert - Noerr

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Germany: Restructuring and insolvency

Restructuring
Restructuring and insolvency: restructuring - ranked: tier 3

Noerr

The ‘professional, effective and result-oriented’ team at Noerr regularly handles distressed M&A; ‘the lawyers lead multilingual negotiations and have sound expertise in various industries’. Clients include a number of insolvency administrators; German banks, such as Deutsche Bank, as creditors; and debtor companies or their management, such as the executive board of H.C. Starck. ‘Pragmatic and convincing negotiator’ Thomas Hoffmann leads the practice alongside Martin Kleinschmitt. Florian Becker is also recommended; Ingo Theusinger was promoted to partner.

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Germany: White-collar crime

Advice to companies
Other recommended firms - ranked: tier 1

Noerr

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Further information on Noerr

Please choose from this list to view details of what we say about Noerr in other jurisdictions.

Legal Developments by:
Noerr

  • New Top Level Domains – Noerr expert warns against trademark infringements

    On June 13, the Internet Corporation for Assigned Names and Numbers (ICANN) published the names of those who have applied for a new top level domain the ending of which may be geographic, such as "munich", industry identification such as "insurance" and even all trademark names and company descriptions such as "canon" and "adidas".
    - Noerr

Legal Developments in Germany

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • LAG Düsseldorf: Dismissal with immediate effect valid in response to threat

    Anyone who seriously threatens their employer or superior should expect to be dismissed with immediate effect. This was confirmed by a ruling of the Landesarbeitsgericht (LAG) Düsseldorf [Regional Labour Court of Düsseldorf] from June 8, 2017 (Az.: 11 Sa 823/16).
  • Tax evasion: Only voluntary disclosure affords protection from severe penalties

    Anyone who has been caught for tax evasion should expect to be faced with severe penalties. Voluntary disclosure is the only way of returning to a state of normal tax affairs and avoiding penalties.
  • GSK Update: AIFM Marketing in Germany - The clock is ticking for U.S. and other non-EU fund managers

    Our GSK Update informs about the impact of recent German investment fund legislation (UCITS V Implementation Act) for AIF managers, who are not domiciled in the EU (“non-EU-AIFM”) and who seek to market AIF shares in Germany in accordance with applicable German investment fund law under the EU-AIFM Directive (2011/61/EU).
  • GSK expands Luxembourg presence with a new tax partner

    Opened at the beginning of March 2016, GSK Stockmann + Kollegen continues to expand its Luxembourg office. Mathilde Ostertag recently joined the Luxembourg team of Equity Partners Dr. Marcus Peter, Andreas Heinzmann and Dr. Philipp Mößner as Local Tax Partner.
  • EIA - Strengthening the role of the public

    Among other things, the recent amendment to the Environmental Impact Assessment Act has broadened the rights of (what is termed) the "affected public". The affected public consists primarily of various citizens' initiatives pursuing environmental or public-health purposes. It may for instance file an appeal against a negative decision at the screening stage (i.e., a decision according to which the given project does not require the issuance of an EIA report), and seek its annulment in court. The affected public has been granted a stronger voice also in subsequent procedures in which the fate of a building project is being decided: zoning proceedings and the proceedings on the issuance of a building permit. Taken together, these legislative changes may make it more difficult to implement projects which require an EIA report; in particular, the length of permission proceedings may be substantially extended.
  • New Top Level Domains – Noerr expert warns against trademark infringements

    On June 13, the Internet Corporation for Assigned Names and Numbers (ICANN) published the names of those who have applied for a new top level domain the ending of which may be geographic, such as "munich", industry identification such as "insurance" and even all trademark names and company descriptions such as "canon" and "adidas".
    - Noerr
  • No obligation to set up filtering systems in order to prevent copyright violations

    ECJ, decision of February 16th, 2012, ref. C-360/10 – SABAM
  • Further ECJ Ruling concerning NGO’s right of action under German environmental law

    For the second time within a short period of time, the non-governmental organisations right to challenge administrative decisions under German law is going to be subject to the jurisdiction of the European Court of Justice (ECJ). In January 2012, the German Supreme Administrative Court (Bundesverwaltungsgericht) referred a case to the ECJ for a preliminary ruling concerning the NGO’s right of action.
  • Lessons in Cross-Border M & A Transactions

    The fundamental advice for international business transactions is obvious and easy to understand: different countries have different laws, business habits and cultures. These differences may range from minor nuances, such as lengthy French business lunches or unusual Spanish office hours, to significant legal roadblocks, such as strict European employment laws.
  • Priority rental rights in insolvency

    Parties to rental contracts for commercial premises often agree priority rental rights. In practice, this concept is used to cover a whole series of legal structures. These range from fixed options for the tenant to a promise made by the landlord as a business policy that if any additional premises become available, they will be offered to the tenant. In 2010 the Berlin Court of Appeal issued a ruling on such priority rental rights in insolvency; the decision has recently been published.