Commercial administrative law in Germany

Dolde Mayen & Partner

Dolde Mayen & Partner assists governmental institutions as well as corporations with the full spectrum of public commercial law and is considered a top choice for commercial administrative law as well as constitutional law. The group particularly focuses on regulatory advice in the telecoms and energy sectors as well as on advising clients on public capital markets law, and here especially on banking and stock corporation law. Name partner Thomas Mayen heads the practice.

Practice head(s):

Thomas Mayen

Other key lawyers:

Klaus-Peter Dolde; Andrea Vetter; Barbara Stamm; Moritz Lange

Key clients

Deutsche Börse AG

Eurex Frankfurt AG

Deutsche Post AG

Dr. Emil Huber

Innenministerium Baden-Württemberg

Landeshauptstadt Stuttgart

Landkreis Tübingen

Markus-Stiftung

Ministerium für Wissenschaft, Forschung und Kunst Baden-Württemberg

Sozialministerium Baden-Württemberg

Work highlights

  • Continuous advice to stock exchange company Deutsche Börse AG/Frankfurter Wertpapier Börse on all questions of administrative law with respect to stock exchange law, including representation in court in administrative proceedings as well as liability claims before the civil courts.
  • Represented the postal service company Deutsche Post AG in a declaratory action against the state of North Rhine-Westphalia to exempt vehicles of the postal service from adherence to rest and driving times.
  • Advised the Ministry of the Interior of Baden-Wuerttemberg on the admission of the referendum for free daycare facilities for children and representation before the Constitutional Tribunal (annual costs of ca. €530m for the state, if the referendum is successful).

Hogan Lovells International LLP

Hogan Lovells International LLP's team has expertise in constitutional court proceedings such as constitutional appeals, officer disputes and judicial review proceedings. Ministries, federal and state authorities as well as communes, associations and corporations instruct the group, which is led by Thomas Dünchheim, to prepare administrative and constitutional law expert opinions. Among the central pillars of the practice are gambling, food, budget and communal law as well as law concerning foreigners. Associate Carsten Bringmann focuses on gambling law, but is also well versed in constitutional matters.

Practice head(s):

Thomas Dünchheim

Key clients

NRW.BANK

Löwen Entertainment GmbH und Tochtergesellschaften (u.a. ADMIRAL ENTERTAINMENT GmbH, ehemals EXTRA Games Entertainment GmbH)

Admiral Play GmbH

Casino Royal GmbH

Autobahn Tank & Rast GmbH

Duisburger Versorgungs- und Verkehrsgesellschaft (DVV)

Stadt Köln

Philips Lighting GmbH/Signify

Zweckverband Gruppenwasserwerk Dieburg

STEAG GmbH

Kommunale Beteiligungsgesellschaft GmbH & Co. KG (KSGB)

Wildauer Immobiliengesellschaft

Work highlights

  • Comprehensive advice on the strategic planning, preparation and execution of the privatisation of casinos  in North Rhine-Westphalia with respect to procurement, EU subsidy, corporate, constitutional, gambling and labour laws.
  • Advice in connection with the so-called Stadtwerke-Affäre (municipal utilities affair) where the head mayor of the city of Cologne was not voted to be chairman of the board of the municipal utility company Stadtwerke Köln, despite a council order of the city of Cologne, and instead an employee representative was elected.
  • Comprehensively advised the German Property Federation (Zentraler Immobilienausschuss – ZIA) concerning the federal law on rent control with respect to consitutional law as well as the constitutional permissibility of the implementation of a state law on rent control.

POSSER SPIETH WOLFERS & PARTNERS

Founded in 2018, the Freshfields Bruckhaus Deringer spin-off POSSER SPIETH WOLFERS & PARTNERS stands out for its excellent expertise in vehicle regulation within the automotive sector. Here, the group advises renowned automobile manufacturers on various innovative matters such as e-mobility. The group has additional core competences in banking supervisory law as well as in the housing sector. The 'highly intelligent' and 'very experiencedBenedikt Wolfers and Burkard Wollenschläger, who has an 'immense strategic foresight and outstanding technical expertise', are the key contacts.

Practice head(s):

Benedikt Wolfers

Other key lawyers:

Burkard Wollenschläger

Testimonials

The team around Benedikt Wolfers and Burkard Wollenschläger stands out for its extreme commitment and very reliable statements. It really is a pleasure to work with them, both in technical and interpersonal respect. Even more so considering the tight deadlines and the critical nature of the matters. The wealth of experience and network are of enormous importance to our company.

Very high technical understanding and quick grasp; open, uncomplicated direct cooperation; deep understanding for laymen as well as a warm interaction despite the severity of matters.

Outstanding know-how, also in the details; distinct understanding of economic backgrounds; an eye for the practically and realistically feasible; comprehensive forensic experience.

Burkhard Wollenschläger has an immense strategic foresight and outstanding technical expertise. His high level of experience in the automotive area and his regulatory assessments are an invaluable asset to our company. The cooperation with him is always characterised by comprehensive preparation and follow-ups. This partner doesn’t only stay on top of things at all time, but also goes the important extra mile.

Benedikt Wolfers and Burkhard Wollenschläger are as good as each other. Both of them are extremely valuable lawyers. We naturally rely on their recommendations, which should be considered as highest praise.

Benedikt Wolfers – highly intelligent, very experienced and outstanding expertise in the water sector.’

Burkard Wollenschläger – outstanding lawyer with strategic foresight and high business acumen.

Benedikt Wolfers – outstanding technical expertise; shows teeth; high commitment; comprehensive, but not exclusively forensic, experience.

Key clients

BayernLB

Sparkasse Rhein Nahe

Helaba

LBS West

Provinzial NordWest Holding AG

Volkswagen AG

BMW AG

AUDI AG

Porsche AG

Axel Springer SE

NIO GmbH

Skoda A.S.

Airbus Operations GmbH

Amprion GmbH

BASF SE

Berliner Wasserbetriebe

Bundesverband der Deutschen Industrie e.V.

Covestro AG

DEBRIV Deutscher Braunkohlen-Industrie-Verein e.V.

E.ON SE

EnBW Energie Baden-Württemberg AG

Ernst & Young Law GmbH

Freshfields Bruckhaus Deringer LLP

LEAG Lausitz Energie Kraftwerke AG

Merck KGaA

Milbank, Tweed, Hadley & McCloy LLP

PreussenElektra GmbH

RWE AG

RWE Nuclear GmbH

RWE Power AG

Scandlines Deutsch-land GmbH

thyssenkrupp Steel Europe AG

Uniper SE

Vattenfall Europe Nuclear Energy GmbH

Deutsche Wohnen AG

Work highlights

  • Advised the largest public insurer in North Rhine-Westphalia Provinzial NordWest AG on the planned acquisition of a majority stake in insurer Öffentliche Versicherungen Braunschweig AöR.
  • Comprehensively advised AUDI AG on all regulatory questions in connection with new emission laws in the EU and worldwide (UN ECE states).
  • Advised AUDI AG, as well as Volkswagen AG, on questions concerning EU-wide approval with respect to the new electric mobility sector.

Redeker Sellner Dahs

Redeker Sellner Dahs' large team has been involved in numerous politically and socially significant matters before the highest German and European courts and also advises on constitutional issues. The core team includes Tobias Masing, who is experienced in contentious administrative proceedings, as well as Marco Rietdorf, who stands out for his gambling law expertise. Highly visible senior associate Florian van Schewick focuses on compliance advice as well as on European and constitutional law.

Other key lawyers:

Ulrich Karpenstein; Tobias Masing; Michael Winkelmüller; Marco Rietdorf; Florian van Schewick; Kathrin Dingemann

Testimonials

The competence of the solicitors often goes beyond the actual task. The best-possible client support is guaranteed by the diverse knowledge and strong network of the firm. The internal communication functions extraordinarily well and does not leave anything wishes unfulfilled.

Every solicitor is well-versed in the respective practice area and always up-to-date. The commitment often goes beyond the actual task. Further, overlapping topics are dealt with in a solution-oriented way, the particular situation is assessed and problems solved accordingly.

Work highlights

  • Represented the German Medical Association, the German Hospital Federation and the National Association of Statutory Health Insurance Funds in a suit by the university clinic Universitätsklinikums Essen concerning a report of the Review and Monitoring Commission on the compliance with legal requirements for organ transplants.
  • Advised and represented the social lottery Aktion mensch in a legal challenge concerning fees for permits for organisers for a social lottery.
  • Represented the tobacco company Planta Tabak Manufaktur in an administrative proceeding and preliminary ruling procedure concerning the European Tobacco Products Directive.

Allen & Overy LLP

In the constitutional and commercial administrative law sphere, the team at Allen & Overy LLP behind Olaf Otting and counsel Udo Herbert Olgemöller distinguishes itself particularly through its expertise in the transport sector. Here, the group advises on accreditation procedures, cross-border regulatory issues and administrative proceedings, for example pertaining to passenger rights. Other skills include assisting clients from the IT industry with administrative and contractual matters. The team also experienced an increase in instructions related to investment reviews and sanctions.

Practice head(s):

Olaf Otting

Other key lawyers:

Udo Herbert Olgemöller

Clifford Chance

Clifford Chance's commercial administrative law practice ranges from gambling and infrastructure matters to advice in the energy sector. With the arrival of Thomas Voland from Freshfields Bruckhaus Deringer in May 2018, the group visibly strengthened its constitutional law expertise. Advice on regulatory issues related to new technologies plays an increasingly important role, such as advising on the civil use of drones. Another central pillar of the practice is assistance with European and international law matters. The group, which is led by Mathias Elspaß, further benefits from its close ties with the firm's banking regulatory practice.

Practice head(s):

Mathias Elspaß

Other key lawyers:

Thomas Voland

Key clients

Bundesverband deutscher Banken

Urenco Deutschland GmbH

Work highlights

  • Advice in a legal foundations proceeding concerning the procurement of duties for the search for suitable final repository sites for radioactive waste.

Gleiss Lutz

Gleiss Lutz' commercial administrative law practice under the leadership of Andreas Neun advises on various constitutional issues. Düsseldorf-based Burghard Hildebrandt is predominantly instructed for foreign trade matters. In addition, the team has expertise in data protection and the Freedom of Information Act matters, where it acts for clients from regulated industries such as the aviation, telecoms and energy sectors. Clemens Weidemann joined MELCHERS Rechtsanwälte Partnerschaftsgesellschaft mbB at the beginning of 2019.

Practice head(s):

Andreas Neun

Other key lawyers:

Burghard Hildebrandt; Marco König

Hengeler Mueller

Hengeler Mueller's commercial administrative law practice is renowned for the representation of clients in administrative and constitutional proceedings. The group's portfolio includes numerous constitutional appeal proceedings, landmark proceedings pertaining to the effectiveness of investment protection agreements before the Federal Supreme Court and the European Court of Justice as well as complaints of non-admission before the Federal Administrative Court. Dirk Uwer heads the team in Düsseldorf, while Wolfgang Spoerr and Jan Bonhage are based in Berlin.

Other key lawyers:

Jan Bonhage; Vera Jungkind; Wolfgang Spoerr; Dirk Uwer; Fabian Seip

Work highlights

  • Advised Achmea Holding B.V. in a legal foundations proceeding concerning the efficacy of investment protection agreements before the Federal Supreme Court and the European Court of Justice.
  • Advised and represented DocMorris N.V.  in court on EU-wide regulatory matters.
  • Advised the associations of gambling machines companies Deutschen Automatenwirtschaft e.V. and Verband der Deutschen Automatenindustrie e.V. on gambling laws with respect to European, constitutional and administrative legislation.

Noerr

Noerr's commercial administrative law team under the leadership of Holger Schmitz advises federal and state ministries as well as companies and banks with government links. Key competencies include the representation of clients in constitutional appeal proceedings, liability claims and administrative complaint proceedings. Also noteworthy is the extensive advice in regulated sectors such as the finance, gambling and telecoms industries.  

Practice head(s):

Holger Schmitz

Other key lawyers:

Bärbel Sachs; Peter Bachmann; Christof Federwisch; Robert Matthes; Uwe Erling; Christian Mayer

Testimonials

‘Robert Matthes has excellent knowledge of laws and regulations and knows how to apply them to the issue at hand.’

Christian Mayer always keeps an eye on practical solutions to the benefit of our company.

WilmerHale

WilmerHale exhibits particular strength in European constitutional and administrative law. Particularly on forensic level, the team, which is led by Hans-Georg Kamann, represents institutions and agencies of the European Union as well as corporations in proceedings related to EU resolutions and legal acts as well as in preliminary rulings before the European courts. The practice also acts at the interface of various areas of constitutional, administrative and competition law and is regularly instructed by US internet companies. The public policy practice of the group is considered unique in the market.

Practice head(s):

Hans-Georg Kamann

Other key lawyers:

Matthias Wissmann; Stefan Ohlhoff; Martin Seyfarth; Vanessa Wettner

Key clients

Bird Rides Germany GmbH

Bundesinnung der Hörgeräteakustiker – „biha“

Bundesrepublik Deutschland – Bundesministerium für Wirtschaft und Energie

Bundesverband Öffentlicher Banken Deutschlands, VÖB, e.V.

Chemitz (Stadt)

Deutsche Bahn AG / Stuttgart 21

OPAL Gastransport GmbH & Co. KG

Reporters Committee for Freedom of the Press 

Work highlights

  • Public policy advice for Bird Rides Germany GmbH and an application for the respective administrative orders for a pilot project in Bamberg with which e-scooters were approved for the first time for use on German roads.
  • Represented the railway company Deutsche Bahn AG in court in the assertion of entitlement to further financial contributions worth €2bn due to the additional costs of the project Stuttgart 21 – one of the largest infrastructure projects in Europe.
  • Represented the Reporters Committee for the Freedom of the Press and a coalition of 24 interested enterprises and associations as third parties admitted to the proceedings in a preliminary ruling before the Grand Chamber of the European Court of Justice; C-507/17 Google/CNIL concerning the Right of Erasure (the so-called right to be forgotten).

GÖRG Partnerschaft von Rechtsanwälten mbB

The client base of GÖRG Partnerschaft von Rechtsanwälten mbB's eight-strong commercial administrative law practice includes private and public corporations as well as federal states, cities and municipalities. On constitutional and European law level, the group advises on state organisation, party as well as budget law, prepares expert opinions and reviews and assists with draft legislation. Regulatory areas such as gambling, higher education and health law are other mainstays of the practice. Marc Schüffner is one of the key contacts.

Other key lawyers:

Marc Schüffner; Ulrich Ramsauer; Thomas Christner; Ferdinand Kuchler; Kersten Wagner-Cardenal; Liane Thau

Greenberg Traurig Germany

Greenberg Traurig Germany advises clients from its environment, construction and real estate practices also on commercial administrative issues. A central pillar of the practice is the advice to US clients on regulatory requirements of German commercial administrative law, for example related to gambling law. The assistance of clients with constitutional matters such as advising on the constitutionality of Berlin's misappropriation law before the Federal Constitutional Court, complement the group's advice spectrum. Martin Hamer and Dieter Neumann jointly head the practice.

Practice head(s):

Martin Hamer; Dieter Neumann

Testimonials

Renowned for highest quality, precision, promptness and bandwidth – outstanding understanding of negotiations and political constellations.

There is no question that couldn’t be answered by one of the team’s experts, which results in a high degree of trusting the collaboration.

The firm covers the topic of housing market regulation comprehensively – it’s the most prolific firm within the current rental price stops and caps discussion.

Key clients

Gewobag

Matheson Tri-Gas

Barrick Gold

Wertgrund

Bundesverband Freie

Benson Elliott

Covivio

Bundesministerium für Verkehr und digitale Infrastruktur

Work highlights

  • Evaluation of the constitutionality of an act of the state of Berlin which prohibits the use of living spaces for unauthorised purposes and governs the use of residential property in statement in a case against the act before the Federal Constitutional Court for BFW – Landesverband Berlin-Brandenburg (association of private real estate companies). Further, evaluation of the constitutionality of state laws on rent control.
  • Advice on a new construction project in Berlin-Mitte concerning regulatory requirements in accordance with legislation on the protection of the use of residential property, the protection of residential milieus as well as rent control.
  • Regulatory advice for Royal Caribbean Cruises on requirements concerning the organisation of gambling events on cruise ships with respect to gambling laws.

McDermott Will & Emery Rechtsanwälte Steuerberater LLP

The 'always availableAlexa Ningelgen heads McDermott Will & Emery Rechtsanwälte Steuerberater LLP's commercial administrative law practice, which advises large private and listed companies as well as public authorities on numerous administrative procedures and court proceedings. Another central pillar of the practice is the assistance with law concerning foreigners. Associate Antje Weiss is sought after by private and public companies in relation to gambling law matters, particularly pertaining to the installation of slot machines, the construction and operation of gambling halls, lottery events, horserace and sport betting as well as all aspects of online gambling.

Practice head(s):

Alexa Ningelgen

Other key lawyers:

Antje Weiss

Testimonials

Alexa Ningelgen and Antje Weiss are particularly outstanding. Both are always available and stand out for their ability to produce legal opinions on complex issues within a short period of time.

Key clients

Landeshauptstadt Düsseldorf

Autobahn Tank & Rast GmbH

Rushy Marsh Farm LLC

McCourt Global LLC

Praxair Surface Technologies GmbH

Work highlights

  • Advised the regional capital of Düsseldorf concerning the market entry of Uber.
  • Advised the US equestrian sports company Rushy Marsh Farm LLC on various matters with respect to laws concerning foreigners for professional horse trainers and professional jockeys.
  • Advised the international investment company McCourt Global LLC on various matters with respect to laws concerning foreigners.

Raue

The commercial administrative law practice at Raue is particularly strong in the media sector, where it represents media companies and journalists, but also defends ministries and institutions against information claims according to the Freedom of Information Act. In addition, the group represents numerous industry and commerce chambers in various administrative matters. Wolfram Hertel heads the practice, which continues to grow organically.

Practice head(s):

Wolfram Hertel

Other key lawyers:

Wolfgang Kuhla; Christoph Munding

Testimonials

Phenomenal standard, very high service level, very good value for money particularly in comparison to big Anglo-American firms.