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DLA Piper

AUGUSTINERSTRASSE 10, 50667 COLOGNE, GERMANY
Tel:
Work +49 221 277 277 0
Fax:
Fax +49 221 277 277 10
Email:
Web:
www.dlapiper.com/germany

Dr Ludger Giesberts

Tel:
Work +49 221 277 277 351
Email:
DLA Piper LLP (US)

Work Department

Litigation

Position

Dr Ludger Giesberts advises companies, financial institutions, commercial associations, public authorities and governments on all matters regarding the environment, EU, aviation, planning, privatisation, PPP and export control matters.He has represented companies before the European Court of Justice, as well as industry companies and ministries before the ECJ. He has also worked on a number of German and international airport privatisations. Moreover, Ludger advises on privatisations/PPP of city works and public utilities as well as financing of infrastructure facilities. Ludger's experience ranges from supporting airlines on night flight, noise protection and slot distribution matters to advising on all regulatory areas of aviation (airport charges, ground handling, planning, EU law, low cost, state aid). His work also covers representation of companies from the chemical and energy sector as well as the public utilities side relating to environmental law. Ludger heads the German Litigation & Regulatory group of DLA Piper.


Germany

Antitrust

Within: Antitrust

With its ‘outstanding level of serviceDLA Piper provides ‘timely and high-quality’ advice. The practice covers abuse proceedings, merger control and damage claim proceedings with particular expertise in the automotive, chemical, healthcare, finance and media sectors. In cooperation with the Brussels team the firm represented regular client Merck in proceedings against the Federal Cartel Office regarding distribution law issues; it also defended the client in resulting damage claim proceedings at the Regional Court Stuttgart. Continued antitrust advice to Qualcomm regarding the establishment of a joint venture with TDK Corporation also contributed to the steady work load. Ludger Giesberts and Jan Dreyer are recommended.

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Compliance

Within: Compliance

DLA Piper’s cross-practice approach is based on a close co-operation with the firm’s antitrust, IT, tax, employment and white-collar crime departments. With data protection work on the increase, the team handles various issues pertaining to the collection, processing and use of personal data, which includes the implementation of company-wide compliance programmes and data protection audits. It also focuses on product compliance with relevant expertise in environmental protection, health and export control, which is frequently called upon by companies from the pharmaceutical, insurance and automotive sectors, whereas financial industry players routinely instruct the team with white-collar crime and other criminal law matters. The team is led by Ludger Giesberts and was augmented with the addition of counsel Florian Gero Kirstein, who joined in June 2016 from the public prosecutor’s office of Hamburg. Jürgen Taschke and Christian Schoop are noted for their expertise in internal investigations.

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Germany: Compliance

Internal investigations

Within: Internal investigations

Following a multi-disciplinary approach, DLA Piper’s clients benefit from the team’s close co-operation with the firm’s antitrust, IT, tax, employment law and white-collar crime departments, leading to a steady flow of internal investigation mandates. As a result, the team led by Ludger Giesberts, which recently increased its bench strength by adding counsel Florian Gero Kirstein from the public prosecutor’s office of Hamburg, acts for various manufacturing industry clients in internal investigations pertaining to foreign trade and antitrust violations alongside subsidy fraud, corruption, bribery and tax evasion allegations. Jürgen Taschke and Christian Schoop are recommended.

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Germany: Dispute resolution

Commercial litigation

Within: Commercial litigation

Clients appreciate DLA Piper’s ‘uncomplicated co-operation and comprehensive advice’ on commercial and contractual disputes, which frequently stand in relation to D&O, insolvency law and compliance. Daniel Sharma represented a client in damage claim proceedings against a former subcontractor before the Regional Court of Stuttgart. Counsel David Buntenbroich, who stands out for his ‘excellent legal analysis’, is recommended along with Thomas Gädtke and team head Ludger Giesberts. Stefan Dittmer moved to Dentons.

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Germany: Public sector

PPP

Within: PPP

DLA Piper acts in many fields of the infrastructure industry, with the group consisting of experts in dispute resolution and public, construction, procurement, corporate and regulatory law. The main contact person, Ludger Giesberts, has been representing the Cologne/Bonn airport company in a dispute – concerning the admission of further airport hotels despite contrary contractual agreements – since 2013. Newly made-up partner Guido Kleve, who has developed a specialisation with regard to port instructions, is representing NiedersachsenPorts in a dispute before the Lueneburg higher administrative court concerning the provision of port space to port users.

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Planning and environment

Within: Planning and environment

Guido Kleve, who made partner in May 2017, and Ludger Giesberts are the key contacts for environmental and planning law at DLA Piper. Alongside counsel Thilo Streit, Ludger Giesberts advised the Finnish company Ernsto in connection with the acquisition of Ritter Starkstromtechnik; the key areas addressed were soil contamination and environmental liability matters. Another new instruction is the advice on a water permit for Mondelēz’s production plant in Bad Fallingbostel. Köhler Renewable Energy and GE Healthcare are other clients.

Guido Kleve, who made partner in May 2017, and Ludger Giesberts are the key contacts for environmental and planning law at DLA Piper. Alongside counsel Thilo Streit, Ludger Giesberts advised the Finnish company Ernsto in connection with the acquisition of Ritter Starkstromtechnik; the key areas addressed were soil contamination and environmental liability matters. Another new instruction is the advice on a water permit for Mondelēz’s production plant in Bad Fallingbostel. Köhler Renewable Energy and GE Healthcare are other clients.

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Legal Developments by:
DLA Piper LLP (US)

  • Sentencing guidelines for corporate manslaughter

    In February 2010 the Sentencing Guidelines Council (the SGC) issued definitive guidelines to courts on imposing appropriate sentences for corporate manslaughter and health and safety offences causing death. The SGC states that fines imposed on companies found guilty of corporate manslaughter should not fall below £500,000, while fines in respect of health and safety offences that are a significant cause of death should be at least £100,000. Crucially, the SGC declined to provide for a fixed link between the imposed fine and the turnover or profitability of the offending company.

    - DLA Piper UK LLP

Legal Developments in Germany

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