Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application reconsidered. The only remedy available to a disappointed third party is a challenge by way of judicial review in the High Court on a point of law. The sense of frustration and disempowerment this creates has not been helped by the increasing complexity of the planning process and the use of consultation to legitimise decisions that many perceive may already have been taken.
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
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
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
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
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).