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Baker McKenzie


Germany

Antitrust
Antitrust - ranked: tier 4

Baker McKenzie

Baker McKenzie’s ‘professional and speedy’ antitrust team shows ‘good industry expertise’ and can call on the firm’s extensive international network. It represented Asics in a vertical restraints case in the online distribution sector and acted for Segafredo Zanetti’s German subsidiary in a complaints procedure at the Higher Regional Court Düsseldorf against a fine imposed by the Federal Cartel Court. REWE is a recent client in merger control. Practice head Christian Horstkotte is ‘well connected and a joy to work with’ and Nicolas Kredel is also recommended. Distribution antitrust law expert Johannes Teichmann was promoted to partner.

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Compliance
Compliance - ranked: tier 1

Baker McKenzie

Internal investigations - ranked: tier 1

Baker McKenzie

Baker McKenzie’s compliance practice has ‘outstanding know-how’ and ‘expertise on the full spread of compliance issues, even in economically weak jurisdictions’. With its strength covering the forensic and preventive levels, the ‘very good’ team is frequently involved in high-profile, cross-border matters and recently represented a German medical devices manufacturer in an internal investigation related to an alleged subsidy fraud; it also regularly advises Daimler on compliance issues. Andreas Lohner, who is ‘great at explaining legal issues to laymen’, co-heads the practice alongside Thomas Grützner, who is singled out for his ‘pragmatic legal advice and kindness’.

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Employment
Employment - ranked: tier 2

Baker McKenzie

Baker McKenzie’s employment practice consists of ‘great people’ and ‘strong partners’, who advise on restructurings and transactions, as well as handling matters pertaining to staff costs, company pension schemes and data protection. The ‘very good’ Burkard Göpfert advised Unisys on a global restructuring and ThyssenKrupp sought advice regarding the harmonisation of work and assignment contracts in more than 30 countries. SAP and Alstom are other key clients. The ‘outstandingChristian Reichel heads the German practice together with Steffen Scheuer. Head of the global practice Günther Heckelmann is also well regarded.

Leading individuals

Burkard Göpfert - Baker McKenzie

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Tax
Tax - ranked: tier 3

Baker McKenzie

Baker McKenziemeets the highest expectations’ and is ‘a very good choice for international tax law matters’. Other key areas include tax advice on profits and VAT; the latter is a key area for the ‘very experiencedNicole Looks. The practice represented a German group against the customs authority in a case regarding customs valuations and VAT corrections; non-contentious work included acting for an entertainment company regarding the restructuring of its German electronics and music division. Christoph Becker is ‘very committed and quickly finds solutions’, and Stephan Behnes is ‘goal-oriented and reassuring’. Christian Port and Juliane Sassmann have both been promoted to partner.

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Trade and distribution
Trade and distribution - ranked: tier 1

Baker McKenzie

Baker McKenzie is highly rated for international trade and distribution matters. It advised Flint Group on renegotiating and restructuring contracts with over 1,200 dealers, and represented ASICS before the Federal Cartel Office in landmark proceedings regarding selective distribution systems. Practice head Ulf Wauschkuhn and Katharina Spenner are recommended. Johannes Teichmann made partner.

Leading individuals

Ulf Wauschkuhn - Baker McKenzie

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Germany: Banking and finance

Lending and borrowing
Banking and finance: lending and borrowing - ranked: tier 5

Baker McKenzie

With a focus on lender mandates, Baker McKenzie is highly recommended for syndicated loans, covering areas such as acquisition finance, asset finance, debt rescheduling and export finance. In one highlight, the team advised Equinix on financing pertaining to the acquisition of Telecity. Oliver Socher is particularly active; Kathrin Marchantconsistently stands out for prompt work and service orientation’. Asset finance specialist Filip Kurkowski, formerly counsel at Allen & Overy LLP, recently joined the firm as a partner.

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Germany: Capital markets

Structured finance and securitisation
Capital markets: structured finance and securitisation - ranked: tier 3

Baker McKenzie

Baker McKenzie remains in a ‘strong position in automotive sector securitisations’, also handles multi-jurisdictional ABCP transactions in the trade, leasing and residual value receivables segments, and advises on new and innovative asset classes, including matters in the fintech sector. Martin Kaiser acted for new client ING Wholesale Banking as arranger of a securitisation transaction for Mauser and Sandra Wittinghofer assisted an independent leasing company with building a securitisation platform in Luxembourg and regularly advises NIBC Bank; and Matthias Eggert joined Dentons in April 2017.

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Germany: Corporate and M&A

Corporate
Corporate and M&A: corporate - ranked: tier 3

Baker McKenzie

Baker McKenzie’s team displays ‘in-depth specialist knowledge’ and ‘a high degree of pragmatism’. Corporate compliance and annual general meetings are focus areas and the team acted for Uniwheels in its first public annual general meeting after its IPO in 2015. It also advises on restructurings, an area in which it recently acted for Johnson Controls, and handles contentious matters, with one such matter being handled for a software development company. Household names such as Lufthansa and Porsche are also clients. Andreas Lohner heads the practice, in which Christoph Wolf and Christian Vocke are also recommended. Peter Wand and Heiko Gotsche joined from Debevoise & Plimpton LLP and Hengeler Mueller, respectively, and Christian Vocke made partner. Sönke Becker joined Herbert Smith Freehills LLP and Joachim Drude left to set up his own firm, DRUDE.

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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 2

Baker McKenzie

Baker McKenzie’s team gives ‘commercial advice’, is ‘always available and provides responses and analyses swiftly’. It advised GFKL Financial Services on the sale of Proceed Portfolio Services. Hochtief and Lufthansa are key clients. Ingo Strauss and practice head Andreas Lohner are recommended. New hires include Peter Wand from Debevoise & Plimpton LLP and Heiko Gotsche from Hengeler Mueller. Christian Vocke made partner.

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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

Baker McKenzie

Baker McKenzie’s ‘high-performing’ team is led by the ‘very savvy cross-border expertNikolaus Reinhuber and is able to bring to bear the firm’s ‘outstanding international network’. The practice regularly handles China-related transactions and advised Xiamen Comfort Science & Technology on its public takeover offer for Medisana. It assisted ZF Friedrichshafen with acquiring Bosch Rexroth’s industrial and wind transmission business division. Leica, Lufthansa and Hochtief are also clients. The ‘very experiencedChristoph Wolf is recommended along with Christian Atzler and Ingo Strauss. Joachim Drude left to set up Drude and Sönke Becker joined Herbert Smith Freehills LLP; however, the team has been bolstered by the recruitment of Peter Wand from Debevoise & Plimpton LLP and Heiko Gotsche from Hengeler Mueller.

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Germany: Dispute resolution

Arbitration (including international arbitration)
Dispute resolution: arbitration (including international arbitration) - ranked: tier 1

Baker McKenzie

Baker McKenzie has an extensive roster of longstanding clients, with sources confirming that they ‘would not want to rely on another firm’. The team attracted a significant number of arbitration matters in the Asia Pacific region, among them representing an Asian industry group in several post-M&A arbitration proceedings. Jörg Risse is ‘likeable, but a tough negotiator’, Ragnar Harbst adopts ‘a professional and confident approach to negotiations’, and Günter Pickrahn is ‘able to successfully cross-examine technical experts’. Heiko Haller is also recommended.

Leading individuals

Jörg Risse - Baker McKenzie

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Commercial litigation
Dispute resolution: commercial litigation - ranked: tier 3

Baker McKenzie

Baker McKenzie is ‘very efficient, target-oriented, knowledgeable and strategic’; it has a focus on plant engineering and infrastructure projects, as well as on post-M&A proceedings and compliance. It represented a television manufacturer in a supply contract termination dispute. Jörg Risse, Ragnar Harbst, Günter Pickrahn and Heiko Haller are all highly recommended.

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Germany: IT and outsourcing

Data protection
IT and outsourcing: data protection - ranked: tier 1

Baker McKenzie

Baker McKenzie ranks ‘among the best data protection practices in Germany’ and provides an ‘excellent service level’ to international financial institutions and blue-chip corporations across various sectors, but is particularly prominent in regulated industries. In recent highlights, the group assisted adidas with the implementation of binding corporate rules to ensure an adequate data protection level across 60 countries and advised a car manufacturer on data protection issues related to smart cars. Julia Wendler is ‘outstanding’ and Matthias Scholz is ‘always appreciated by both parties’.

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Information technology (including contracts)
IT and outsourcing: information technology (including contracts) - ranked: tier 2

Baker McKenzie

Baker McKenzie’s ‘excellent’ team provides ‘pragmatic advice that takes industry particularities into account and leads to absolutely practical solutions’. The group handles a variety of traditional and digital IT issues and has notable experience in e-commerce, fintech and cybersecurity matters: recent work includes assisting a pharmaceuticals company with contractual matters concerning the launch of an online shop and representing a German football club in a contractual dispute with an e-payment service provider. Wolfgang Fritzemeyer and the ‘outstandingMatthias Scholz, who is ‘an exceptionally charismatic and pragmatic negotiator’, head the team; Julia Wendler is ‘very knowledgeable’.

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Outsourcing
IT and outsourcing: outsourcing - ranked: tier 1

Baker McKenzie

Baker McKenzie is ‘definitely one of the first addresses for outsourcing projects’, providing ‘an excellent service level’ to providers and customers. Recent work includes numerous mandates for international clients in the financial services, healthcare, insurance and technology sectors; its experience spans advice on IT outsourcing (ITO), business process outsourcing (BPO), managed operations, outsourcing of data centres and contentious matters. The caseload in 2016 included assisting a Swiss bank with outsourcing its HR services to a service centre in India and advising an asset management company on its global IT outsourcing. Holger Lutz, Michael Schmidl and the ‘outstandingMatthias Scholz are recommended.

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Germany: Industry focus

Energy
Other recommended firms - ranked: tier 1

Baker McKenzie

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Healthcare and life sciences
Industry focus: healthcare and life sciences - ranked: tier 1

Baker McKenzie

Regulatory - ranked: tier 1

Baker McKenzie

Baker McKenzie’s ‘outstanding’ practice provides advice to pharmaceutical and medical technology companies on matters ranging from clinical trials and distribution to advertising and competition law, as well as reimbursement issues and public procurement. Frank Pflüger and ‘renowned‘ practice head Thilo Räpple are known for advising on the structuring of pharmaceutical sales agreements, early access programmes, compliance and anti-corruption rules regarding cooperation with doctors and clinics. ‘Excellent’ public procurement lawyer Marc Gabriel and pharmaceuticals antitrust expert Christian Burholt have extensive experience in negotiations concerning discount agreements with statutory health insurers, where two clients are Hexal and 1A Pharma. The firm is also defending Novartis and Hexal against statutory health insurers’ claims for damages and contractual penalties on grounds of alleged non-delivery.

Leading individuals

Thilo Räpple - Baker McKenzie

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Telecoms
Industry focus: telecoms - ranked: tier 1

Baker McKenzie

Regulatory - ranked: tier 1

Baker McKenzie

Transactions - ranked: tier 1

Baker McKenzie

Baker McKenzie has ‘an enormous wealth of experience’ in advising on regulatory, contractual and transactional matters in the telecoms industry. Practice head Joachim Scherer has ‘a distinguished standing at the authorities and courts’, and counsel Caroline Heinickel is ‘an excellent expert’ that gives advice at ‘the highest level’. A key client is Telefónica, which the team is representing in several proceedings regarding access and interconnection regulation in the fixed network and mobile sectors, including the first application for mobile phone interconnection charges since the takeover of E-Plus. Together with the firm’s strong IT and data protection practice, the team also is assisting a German car manufacturer with telecoms, data protection and IT security matters related to the introduction of connected car services. Other clients include Colt Group and Iridium Satellite.

Leading individuals

Joachim Scherer - Baker McKenzie

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Germany: Intellectual property

Patent litigation
Other recommended firms - ranked: tier 1

Baker McKenzie

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Trade marks and unfair competition
Intellectual property: trade marks and unfair competition - ranked: tier 2

Baker McKenzie

Baker McKenzie’s ‘very good and quick’ team is able to leverage the firm’s international network, including its global IP support centre in Manila, for assistance with portfolio management. The firm manages SAP’s large global portfolio and provides strategic advice; Michael Fammler and Rembert Niebel have been representing SAP in infringement proceedings and other trade mark disputes. Other work included defending MixRadio against Deutsche Telekom, which claimed the client had infringed its magenta colour mark. Border seizure proceedings and transaction-related IP advice are other pillars of the practice. Benjamin Koch moved to Lubberger - Lehment.

Leading individuals

Michael Fammler - Baker McKenzie

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Germany: Private equity

Transactions
Other recommended firms - ranked: tier 1

Baker McKenzie

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Germany: Public sector

Planning and environment
Public sector: planning and environment - ranked: tier 3

Baker McKenzie

Public sector: product-related advice - ranked: tier 1

Baker McKenzie

Baker McKenzie regularly advises global companies on supply chain issues, an area in which it can leverage its international network. Ulrich Ellinghaus has particular expertise in product-related advice and regularly acts for Hewlett-Packard. Environmental law is a focus area for Joachim Scherer and Frank-Rainer Töpfer, who advised Mecklenburg-Western Pomerania’s energy ministry on two planning approval procedures regarding offshore wind farm connections.

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Public procurement
Public sector: public procurement - ranked: tier 2

Baker McKenzie

Baker McKenzie’s ‘highly professional’ team provides ‘excellent client communication and turnaround times’. Marc Gabriel has profound healthcare sector expertise, with a particular focus on medication price contract tenders, and he advised Hexal on several public procurement proceedings run by public health insurers. Susanne Mertens, who is ‘a very strong communicator with a clear focus on achievements’, has particular strengths in the construction and infrastructure sectors. The team also regularly advises clients from the transport and technology sectors.

Leading individuals

Marc Gabriel - Baker McKenzie

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Germany: Real estate and construction

Construction (including construction litigation)
Real estate and construction: construction (including construction litigation) - ranked: tier 3

Baker McKenzie

Baker McKenzie’s construction team is noted for its ‘result-driven and precise analysis’, as well as ‘quick response times’. New mandates included advising several state-owned institutions on construction, contract and architectural law matters with regards to the influx of refugees. Practice head Jürgen Schramke focuses on contentious cases and counsel Stephan Götze, who is co-head of the group, has been acting for a US technology company in the construction of data centres in Germany and the US. Susanne Mertens is also recommended.

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Real estate
Other recommended firms - ranked: tier 2

Baker McKenzie

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Germany: Restructuring and insolvency

Restructuring
Restructuring and insolvency: restructuring - ranked: tier 3

Baker McKenzie

Baker McKenzie’s multi-disciplinary restructuring practice gives ‘quick, pragmatic advice’ with ‘short response times’. While it focuses on advising international debtors during insolvency-related restructurings, it also acts for creditors and companies in connection with distressed M&A and is increasingly acting for banks, such as assisting Bankia (as lender) in the restructuring of a syndicated loan for a large infrastructure project. Holger Ellers, Dorothée Prosteder and Burkard Göpfert lead the practice.

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Further information on Baker McKenzie LLP

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

United Arab Emirates

Offices in Dubai, Abu Dhabi, and Dubai

Afghanistan

Argentina

Offices in Buenos Aires

Australia

Offices in Sydney, Melbourne, and Brisbane

Austria

Offices in Vienna

Azerbaijan

Offices in Baku

Belgium

Offices in Brussels and Antwerp

Bahrain

Offices in Manama

China

Offices in Beijing and Shanghai

Chile

Offices in Santiago and Santiago

Canada

Offices in Toronto

Colombia

Offices in Bogota

Czech Republic

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Germany

Offices in Berlin, Frankfurt, Dusseldorf, and Munich

Egypt

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Spain

Offices in Madrid and Barcelona

France

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Hong Kong

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Hungary

Offices in Budapest

Indonesia

Offices in Jakarta

India

Italy

Offices in Rome, Milan, and Bologna

Japan

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Kazakhstan

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London

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Luxembourg

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Myanmar

Offices in Yangon

Morocco

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Mexico

Offices in Juarez, Tijuana, Monterrey, Mexico City, and Guadalajara

Malaysia

Offices in Kuala Lumpur

Netherlands

Offices in Amsterdam

Philippines

Offices in Manila

Poland

Offices in Warsaw and Lodz

Qatar

Offices in Doha

Asia Pacific: Regional international arbitration

Russia

Offices in Moscow and St Petersburg

South Africa

Offices in Johannesburg

Sweden

Offices in Stockholm

Singapore

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South Korea

Offices in Seoul

Saudi Arabia

Offices in Riyadh and Jeddah

Switzerland

Offices in Zurich and Geneva

Taiwan

Offices in Taipei

Thailand

Offices in Bangkok

Turkey

Offices in Istanbul and Istanbul

Ukraine

Offices in Kiev

United States

Offices in Washington DC, Palo Alto, New York, Miami, Dallas, Chicago, San Francisco, and Houston

Venezuela

Offices in Valencia and Caracas

Vietnam

Offices in Hanoi and Ho Chi Minh City

Legal Developments by:
Baker McKenzie LLP

  • The New Turkish Code of Obligations: Important Changes for Leases of Residential & Business Premises

    For decades, the primary Turkish laws governing leases of residential and business premises have been the Law on Leasing Real Property dated May 27, 1955 (the “Lease Law”) and the Turkish Code of Obligations No. 818 dated April 22, 1926 (the “Obligations Code”). Both of these laws, however, will be repealed and replaced with the new Turkish Code of Obligations No. 6098 dated January 11, 2011 (the “New Obligations Code”), which will enter into force on July 7, 2012.
    - Esin Attorney Partnership

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.