State and Europe

We understand complex regulations and give policy-oriented advice

Both the state and the European Union change the landscape for companies via regulations and treaties. The complexity of this situation is increased by the interconnectedness of international, European and national legal systems. This covers a broad area: in the creation and implementation of new laws; before national and international authorities and courts; and in crisis situations. Especially in new and critical cases, dealing with a problem reliably requires detailed knowledge of the legal foundations and comprehensive experience of the political process. We have been offering both for over 20 years – both to companies and the state.

“We know the political processes and legal issues – for companies and the state.“

Our team has advised:

New regulations

  • on numerous legislative procedures on both national and regional levels in order to make possible transformation processes to publicly owned institutions and other public enterprises, especially in the financial, insurance and energy sectors
  • the German government on the Financial Market Stabilisation Act (Finanzmarktstabilisierungsgesetz, FMStG) and the creation of the financial market stabilisation institution
  • the Federal financial market stabilisation institution on the creation of bad banks and institutions for the winding-up of companies and portfolios
  • on numerous amendments to the German federal states’ savings bank laws
  • on amendments to financial market regulations, e.g. the law on financial recovery and winding up
  • on the new international regulation for automated driving systems for vehicles
  • the finance ministry of a German state on the ownership position of public insurers and options for legal restructuring

Agreements

  • We have helped to develop, negotiate and complete an agreement between the energy sector and the German state to set up a development fund for the disgorgement of financial benefits arising from extending the operational lives of nuclear power stations
  • an international automobile manufacturer on the structuring, negotiation and implementation of the Brexit-induced switch from the UK regulatory authority to a different regulatory authority in the EU-28
  • on an international agreement between the euro states for the raising of the European bank levy
  • on the responsibility and structuring of nuclear energy disposal in Germany as well as on the negation and completion of the agreement on nuclear energy disposal
  • on the international, European and national evaluation of the uranium enrichment programme in Europe

Lawsuits

  • on lawsuits before the Federal Constitutional Court, the Federal Administrative Court and other administrative courts regarding environmental and regulatory key cases, e.g. on the constitutionality of phasing out nuclear power (13th revision of the Atomic Energy Act) and the tax on nuclear fuel rods. We have also represented a number of offshore wind energy projects in the North Sea in a constitutional appeal against the Offshore Wind Energy Act before the Federal Constitutional Court
  • on a number of test cases concerning claims made in the context of the Environmental Information Law, both for claimants and defendants, e.g. in the energy and automobile sectors
  • an Austrian bank in crisis in its defence before the EU Commission against the Republic of Austria’s attempts to recover debts allegedly owed to it by the bank
  • companies in the energy, infrastructure and automobile sectors to ensure approval or permissions for projects or products are granted
  • a German federal ministry of finance in its defence against attacks on the restructuring of a public insurance institution
  • in defences against the European Central Bank’s attacks on the concentration of euro clearing activities in the euro area
  • a number of energy suppliers and the German state of Saxony in a lawsuit against the commission before the European Court on account of politically motivated BREF standards for lignite power stations
  • public banks in a number of lawsuits against German regulatory authorities (BaFin, ECB, SRB, FMSA)
  • international automobile manufacturers in lawsuits against European (e.g. Germany, UK, Ireland, France, Spain, Czech Republic) and other regulatory authorities (e.g. Japan, Australia, South Korea)

For further information, contact us at: