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Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
This Q&A is part of the multi-jurisdictional guide to private equity. It gives a structured overview of the key practical issues including, the level of activity and recent trends in the market; investment incentives for institutional and private investors; the mechanics involved in establishing a private equity fund; equity and debt finance issues in a private equity transaction; issues surrounding buyouts and the relationship between the portfolio company's managers and the private equity funds; management incentives; and exit routes from investments. Details on national private equity and venture capital associations are also included. plc_pe-guide_german_chapter_2015_gsk
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.
EnBW Energie Baden-Württemberg AG (EnBW) is acquiring the 50% holdings of Eni Gruppe, Rome, in EnBW Eni Verwaltungsgesellschaft mbH, Stuttgart, thereby increasing its holdings to 100 %. This makes EnBW indirectly the sole shareholder of Gasversorgung Süddeutschland GmbH (GVS) and terranets bw GmbH. GSK Stockmann + Kollegen provided comprehensive legal advice to EnBW in connection with this transaction.
GSK Stockmann + Kollegen advised the shareholder of the PAMERA Asset Management GmbH, the PAMERA Retail GmbH and the PAMERA Development GmbH on the sale of these companies to the European Cornerstone subsidiary of US-American Cornerstone Estate Advisers LLC.
GSK Stockmann + Kollegen advised the GEWA 5 to 1 GmbH & Co. KG in connection with the issuance of a real estate project bond in the amount of up to € 35 million. Following the issuance by the Cloud No. 7 GmbH this is the second bond issuance for the construction of an apartment and hotel tower that GSK Stockmann + Kollegen has provided advice on.
In the information society trade secrets are among the most important assets of any business. The quantity and quality of the trade secrets represent a substantial part of the company's assets. In the European Union there are currently varying levels of protection, insofar as trade secrets are legally protected at all. This hinders cross-border business and companies that operate internationally are faced with legal uncertainty. The EU Commission now wants to change this and has submitted a proposal for a uniform level of protection and protective system across Europe.
There are a number of ways how a foreign entity or private individual can pursue business activities in Germany. First, you can become active without creating a physical presence in Germany simply by supplying goods and services to German clients from abroad. Second, the foreign business might establish a fixed place in Germany (e.g. a permanent establishment) from which it pursues its German activities. Third, the foreign business might set up a German subsidiary either as a partnership or as a corporation. Last but not least, collective investment schemes, whose taxation regime has been extensively reorganized recently, might also be an interesting alternative for foreign investors. Which route to follow will mainly depend on the kind and the size of the business activities to be carried out in Germany or with German clients as well as on tax considerations that will have an impact on the decisions to be made. This GSK Tax Newsletter shall provide a first introduction to the taxation issues a foreign business considering to expand its activities to Germany will have to take into account. We would be pleased to help you with any questions in this regard!
GSK Stockmann + Kollegen advised 2D Holding GmbH in connection with the sale of SÜDDEKOR Group, a leading specialist in surface finishing of wood materials, to SURTECO SE. On October 23, 2013, 2D Holding GmbH and SURTECO SE entered into a pur-chase agreement regarding the sale of SÜDDEKOR Group consisting of SÜDDEKOR GmbH in Laichingen, Dakor Melamin Imprägnierungen GmbH in Her-oldstatt, SÜDDEKOR Art Design + Engraving GmbH in Willich, SÜDDEKOR LLC (USA) and Süddekor OOO (Moscow) to SURTECO SE. The transaction was suc-cessfully completed on December 2, 2013 after antitrust release had been obtained. The parties agreed to keep the purchase price confidential.
Getting the Deal Through has published the fully revised and updated sixth edition of Banking Regulation, a volume in the series of annual reports, which provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people.
Getting the Deal Through has published its fully revised and updated tenth edition of Dispute Resolution, a volume in the series of annual reports, which provide international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people. Following the format adopted throughout the series, the same key questions are answered by leading practitioners in each of the 47 jurisdictions featured. GTDT's German Chapter was authored by GSK attorney Dr. Karl von Hase. In his article he gives an overview of civil and commercial litigation in Germany, arbitration agreements and alternative dispute resolution (ADR).