PPP in Germany
White & Case LLP has a broad PPP offering and is regularly involved in major national and international projects. It is particularly visible in the transport sector, where it regularly advises on the financing aspects of PPP projects. Highlights included representing PPF Group in the public bidding process for the acquisition of shares in Toll Collect and assisting the client with the operation of the truck tolling system. The group also advised the Federal Ministry of Transport and Digital Infrastructure on the award of PPP projects. The team is led by Berlin-based Henning Berger and the highly respected Norbert Wimmer; Florian Degenhardt is the central contact in Hamburg. Veit Sahlfeld joined Norton Rose Fulbright in April 2018.
Chatham Partners LLP
Chatham Partners LLP focuses on the energy, infrastructure and real estate sectors and acts on matters touching upon competition, state aid, environmental and planning law. The range of advisory services also includes transactions as well as the financing and development of PPP projects. Recent highlights include representing the bidding consortium made up of BAM PPP Deutschland and Hochtief PPP Solutions in the public tender for the extension of the federal motorway 3. The group also assisted Via Solutions Nord with the extension, operation and maintenance of the federal motorway 7 between the motorway junctions Hamburg-Nordwest and Brodesholm. The core team consists of Michael Schäfer, Felix Fischer and Marco Núñez.
Sebastian Orthmann heads the practice group at CMS, which focuses on PPP projects and related contentious matters in the public transport, air transport, road construction and port sectors. Christiane Kappes advised Femern Bælt on the planning approval procedure for the Fehmarn-Lolland fixed link. In Frankfurt, Jakob Steiff assisted the city of Bingen am Rhein with public procurement, building and architectural law matters related to a transport connection. Fritz von Hammerstein, Hermann Müller and Christian Scherer-Leydecker are other key figures.
Greenberg Traurig Germany’s PPP practice is headed by Dieter Neumann and is particularly well known in the market for representing the public sector in transport infrastructure projects. For example, the group is advising the Federal Ministry of Transport and Digital Infrastructure on the introduction of the infrastructure levy for passenger cars, on the preparation and implementation of the award procedure for the infrastructure levy system and the automatic ISA control system as well as on the extension of the truck toll. The group also has a track record advising on PPP motorways, with the ream recently acting for the relevant supervising Federal Ministry on the A49, A10/A25 and A7 Süd projects. The client portfolio also includes Deges Deutsche Einheit Fernstraßenplanung und -bau, Niedersächsische Landesbehörde für Straßenbau und Verkehr and Wohnungsbaugesellschaft Stadt und Land.
The PPP team at Norton Rose Fulbright provides comprehensive advice to public sector organisations, sponsors, project companies and financial institutions on matters ranging from project structuring through to the conclusion of project and financing agreements. A focus lies on work touching upon construction and environmental law, privatisations and restructurings. Another core competence is handling projects in the transport sector. Dirk Trautmann and Michael Jürgen Werner, who divides his time between the firm’s Brussels and Frankfurt offices, jointly head the team. Counsel Martin Weber, who is based in Frankfurt, is also noted.
With an explicit focus on advising the public sector, Beiten Burkhardt’s team is regularly involved in major projects in the fields of defence, transport, infrastructure, IT, healthcare and energy. Recent highlights include practice head Hans Georg Neumeier advising the Federal Ministry of Transport and Digital Infrastructure on the implementation of the State Treaty between the Federal Republic of Germany and the Kingdom of Denmark concerning the Fehmarn Belt Tunnel. Michael Brückner assisted the Free State of Saxony with the conception and awarding of a new administrative data and voice network in the form of a PPP. In January 2018, Sascha Opheys, Christopher Theis and Christian Kaufmann made salary partner. The Hamburg office was strengthened in March 2018 by the addition of procurement and antitrust expert Jan Christian Eggers from Hogan Lovells International LLP. In July 2017, Lars Hettich joined LLR Legerlotz Laschet Rechtsanwälte GbR’s Düsseldorf office.
Ludger Giesberts is the central contact for PPP projects at DLA Piper and his clients include companies, financial institutions and authorities. The team’s range of expertise includes representing clients in sector-related litigation and advising on award procedures as well as construction, corporate and regulatory issues. Guido Kleve specialises in port and aviation law; he recently assisted Delta Port with the financing of infrastructure for inland ports, and represented Frankfurt-Hahn Airport in litigation against a freight handler. British Airways, KölnBonn Airport and Wisag Aviation Service are also clients. The ‘client-oriented’ Thilo Streit is also active and ‘has good contacts’ in the sector.
Gleiss Lutz has significant expertise with matters touching upon both the public and the private sector. The team assists clients with the conception, structuring and financing of projects as well as in the privatisation and sale of municipal holdings. Its core areas include health and transport. Andreas Neun is the central contact and Burghard Hildebrandt is also active in the sector.
The PPP team at Hogan Lovells International LLP is regularly involved in cross-border projects. In Frankfurt, Tobias Faber advised an international consortium before the Kuwait Authority for Partnership Projects (KAPP) on the tender for the Kabd Municipal Solid Waste Project. In Hamburg, Christian Knütel advises on infrastructure and energy-related matters. Carla Luh was promoted to the partnership in January 2018.
K&L Gates LLP
K&L Gates LLP’s PPP practice focuses on public and regional rail transport, infrastructure and logistics. The range of advisory services includes transactions, procurement procedures, project financing and the operation of PPP projects, but the group also has expertise in construction, state aid and competition law matters. Under the joint leadership of Thomas Lappe, Frank Thomas and practice head Annette Mutschler-Siebert, the team assisted an international consortium of bidders with the award procedure for the re-tendering of the truck tolling system and the sale of Toll Collect as well as with related review and appeal proceedings. Another highlight is the ongoing advice to a bank on the financing of SPNV vehicles. The client base also includes three municipal transport companies, the transport company of a major German city and Ströer. Uwe Lieschke and Marion Baumann, who are based in Berlin, were made up to counsel in spring 2018.
Luther Rechtsanwaltsgesellschaft mbH
The PPP team at Luther Rechtsanwaltsgesellschaft mbH acts for investors, sponsors, banks and the public sector and provides ‘sound, reliable and pragmatic advice’. Stephan Finck and practice head Henner-Matthias Puppel ‘can offer practical solutions even to complex problems’. One of the 2018 highlights was advising the Federal Ministry of Health and the Federal Agency for Real Estate on the federal government’s first civil PPP rehabilitation project. The group also assisted the transport company of a large city with the tender for the procurement of vehicles. The state of Hesse, Hochtaunus-Kliniken and the Federal Ministry of Education and Research are also part of the client portfolio. Ulf-Dieter Pape is another key figure in the practice group.
The core areas of Hengeler Mueller’s state aid law advice are contract negotiations, project financing, the implementation of PPP projects and representation in proceedings and legal disputes. The group continues to focus on the infrastructure and healthcare sectors, and is also experienced handling energy, telecoms and broadband expansion work. Recent highlights include representing Deutsche Telekom and Toll Collect in arbitration proceedings concerning the truck tolling system, which resulted in a settlement. Jan Bonhage advises National Express on contract negotiations with the public sector concerning transport contracts with transport associations active in rail transport, and on PPP projects. Other clients include Motorola, Median and 50Hertz Transmission.
Moritz Püstow is the central contact for state aid advice at KPMG Germany. He recently assisted the Federal Ministry of Transport and Digital Infrastructure with the award of the infrastructure levy for the use of federal highways (car tolls). The team handled the procurement of 47 low-floor trams and five other optional vehicles for Duisburger Versorgungs- und Verkehrsgesellschaft.