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State, Administration, Public Undertakings Our range of advisory services Legal and Tax Advice | www.luther-lawfirm.com
State, Administration, Public Undertakings The public sector and its undertakings participate in many different ways in economic life. They are subject to special regulations as to their organisation and actions and place the highest demands on competent legal advice. Luther can provide advice that hits the mark, in all relevant areas of law. As one of Germany’s largest commercial law firms, we benefit tional law, municipal electoral law and direct democratic rights from our colleagues’ extensive expertise, which we have used to participate, for example, in the form of local petitions and to put together a team of specialists to advise the public sector local referendums, and municipal regulatory law. in the relevant special fields. In particular, our Public Services team has a wealth of experience in procedural law and in Civil service law (and law governing structuring transactions, gained from many years of practical judges) client work and from research and in-depth studies in the rele- vant specialist areas of law. The members of the team colla- The focus of our services is on the privatisation and reorganisa- borate closely across locations and disciplines, which allows tion of corporations and on matters related to the law governing them to provide solutions from the entire range of public busi- the status of civil servants (and judges), including their official ness law, the law governing public security and order and all assessment, advancement and legal actions brought by com- special subjects. The result is efficient, tailor-made structuring petitors, but also on advising employers in disciplinary procee- solutions that hit the mark. dings, as well as on other matters pertaining to civil service law. Our clients include the federal government, the German Professional law, including professional states, municipalities, and chambers, as well as their underta- jurisdiction kings. Luther advises them on the following issues: In this field of law, we concentrate in particular on the profes- Municipal law and municipal business law sional laws and regulations applicable to physicians, dentists, psychotherapists, veterinarians and dispensing chemists, as In the area of municipal law, we focus above all on municipal well as to architects and engineers, providing both practical business law, municipal levies law and municipal institutions advice and representing our clients before professional and law. We also give special consideration to municipal constitu- administrative courts. 2 | Luther Rechtsanwaltsgesellschaft mbH
Organisation law advice). Our specialists are used to adopting an interdiscipli- nary approach with economic advisors and civil engineers in We advise on all aspects of organisational law relating to other order to devise and implement the right solution for each pro- legal persons under public law, in particular, the legal relations of ject. professional associations and of universities and university hospi- tals, and also on the law governing the status of university staff and Environment, planning and regulatory law on the corporation right of professors and university lecturers. In the area of public business law there will be a focus over the State liability law next few years on issues relating to environment law. They are becoming increasingly more important to companies at each In the area of state liability law, the focus is on official liability stage of operations, but also in the context of construction and and damages for breach of quasi-contractual and pre-contrac- planning law. In industrialised countries, this is due to a gro- tual special legal relations, for example, the duty to provide as- wing environmental awareness, the capital market‘s demand sistance, recourse claims, public compensation law, and expro- for companies to undertake to protect the environment and as priation and similar interventions. a result of conflicts arising from the close coexistence of in- dustries and usage requiring protection. In addition to the Police law and law governing public above, climate change calls for radical changes in fossil fuel security and order consumption while acceptance of technologies regarded as critical (such as nuclear power or CCS) is simultaneously de- Special attention is given to general and special police law and creasing. Agricultural land needs to be preserved for the pro- the law governing public security and order, including the law duction of food for a growing world population and also for the relating to the right to assemble and hold events, which is cha- production of renewable raw materials. The European Com- racterised by its great relevance to the public. mission is, therefore, aspiring to reorganise the European economies into so-called „low carbon economies“. Constitutional law and constitutional procedural law On the one hand, these developments entail considerable risks for the companies concerned and a number of other Administrative law with its wide array of special laws is inextri- companies that specialise in or depend on the production and cably linked with constitutional law. Constitutional law always use of fossil energy (such as the oil industry, the air transport plays at least a complementary role and is often even of para- sector, car producers). On the other hand, considerable op- mount importance. When working for our clients, we always portunities for companies offering environment protection pro- bear in mind and give due consideration to these aspects, which ducts and services are being created. This affects, in particu- tend to be of a fundamental nature. lar, the construction of energy efficient machines and equipment as well as the creation of plants for the production Public private partnership of renewable energy and also the real estate industry, insofar as it considerably reduces the real estate industry‘s energy We support the public sector as well as investors, sponsors and needs and replaces them with renewable energy. This can banks in the design of public-private partnerships (PPPs). Lu- also be advantageous for power plant manufacturers offering ther has established a wealth of knowledge and competencies combined heat and power as well as for the mass transport in through the realisation of numerous PPP projects, particularly local and long-distance rail traffic. in building construction (new buildings, modifications, renovati- on). Luther has been, and still is, involved in a multitude of pilot Further areas of practice: projects (schools, hospitals, town halls, public swimming pools, penitentiaries, etc.) in Germany. Our factor of success when ad- ■ Administrative procedural law and mediation vising on PPP models lies in our interdisciplinary approach to ■ Privatisations consulting, which consolidates the necessary project-specific ■ Gambling law qualifications (calculation of profitability, financing recommen- ■ Fiscal law dations, civil engineering evaluation and support, legal and tax ■ University law, including university medicine Luther Rechtsanwaltsgesellschaft mbH | 3
Your contacts in Berlin Dr Martin Fleckenstein Lawyer, Certified Specialist in Administrative Law, Partner Berlin T +49 30 52133 21110 martin.fleckenstein@luther-lawfirm.com Dr Martin Fleckenstein studied law at the Universities of Göttingen and Freiburg i. Br. (Germany), where he was awarded his doctorate for a thesis on a legal history topic in 1991. Since his admission to the German Bar in 1987, he has worked as a lawyer and, since 1996, as a certified specialist in administrative law. He joined Luther as a partner in 2015, where he is now responsible for the area of public business law with a particular emphasis on public real estate and building law. Previously, he was the partner responsible for public business law at the Berlin offices of Hammonds (from 2001 onwards) and SammlerUsinger (from 2009 onwards). Martin Fleckenstein is a visiting lecturer for public building law at the University of Münster (Germany) and a member of, inter alia, the Infrastructure, Urban Development and Construction Com- mittee (Fachausschuss Stadtentwicklung und Infrastruktur des Branchenausschus- ses Bau- und Immobilienwirtschaft) of the Berlin Chamber of Commerce and Indus- try (IHK) and of the Real Estate Working Group (Arbeitskreis Immobilienwirtschaft) of the Association of Berlin-based Merchants and Industrialists (Verein Berliner Kaufleute und Industrieller, VBKI). He lectures at professional events and regularly publishes articles in reference books and specialist journals on public building and public procurement law topics. Area of practice Dr Martin Fleckenstein coordinates the practice area Real Estate & Infrastructure at Luther. He advises property companies, investors, builders and project developers, companies from the housing industry and their respective associations and also the public sector, including public sector companies, on all matters pertaining to public real estate and building law, in particular, zoning and planning law, including all rele- vant ancillary areas such as historical monument protection, road and environmen- tal law, special urban development law, as well as public, in particular municipal, business and procurement law. His services include advising on complex planning and permit procedures, the drafting and negotiation of (partly innovative) urban de- velopment contracts and neighbourhood agreements, as well as representing his clients in official procedures and administrative court proceedings. In addition, Mar- tin Fleckenstein is consulted as an expert within the context of legislative procedures and with regard to current legal policy issues. 4 | Luther Rechtsanwaltsgesellschaft mbH
Your contacts in Berlin Dr Stefan Kobes Lawyer, Certified Specialist in Administrative Law, Partner, Location Head Berlin T +49 30 52133 0 stefan.kobes@luther-lawfirm.com Dr Stefan Kobes studied law at the Universities of Kiel (Germany), Lausanne (Swit- zerland) and Freiburg i. Br. (Germany) and specialised in public law at the Freiburg Administrative Court (Germany), the German University of Administrative Sciences in Speyer (Germany), and the German Institute for Foreign Trade Taipei (Taiwan). From 1989 to 1992, he worked on his dissertation on an administrative law topic and was simultaneously working as a lawyer in public business law. From 1993 onwards, he advised the Directorate for Environmental Protection/Contaminated Sites at the German Federal Institute for Special Tasks Arising from Unification (BvS) where, before leaving, he headed a legal department consisting of a team of 10. Stefan Kobes joined Luther in 2000 and has been a partner in public business law since 2001. He heads the practice group Environment & Planning Law, Regulatory. Area of practice Dr Stefan Kobes advises on all matters pertaining to building planning and environ- mental law, in particular in the context of planning approval procedures, the prepa- ration of development plans, the enforcement of permits under building and immis- sion control law, the removal of contaminated sites and disposal of waste, emissions trading issues and the energy transition, as well as the obligation to maintain the required distances under major-accidents law. His clients include companies from energy-intensive industries, such as the ceramics, paper, and wood materials indus- tries. In addition, he acts as an advisor to builders, project developers, property owners, industrial associations and the public sector, in particular, corporations and institutions, federal enterprises and public utilities. Stefan Kobes is a member of the Environmental Committee of the Berlin Chamber of Commerce and Industry, of Ge- sellschaft für Umweltrecht (a German environmental law society), and of Ingenieur- technischer Verband für Altlastenmanagement und Flächenrecycling (ITVA) (a Ger- man association that is concerned with contaminated sites and the recycling of land). From 2003, he was for 15 years a member of the Secretariat of the “Working Group on Emissions Trading to Combat Greenhouse Gases” of the German Federal Ministry of the Environment, which worked on the introduction of emissions trading in Germany. Luther Rechtsanwaltsgesellschaft mbH | 5
Your contacts in Berlin Susanne Abraham Lawyer, Senior Associate Berlin T +49 30 52133 25586 susanne.abraham@luther-lawfirm.com Susanne Abraham, who comes from near Berlin, studied law in Heidelberg (Germa- ny). After graduating from university, she initially worked as a substitute lecturer and coordinated the legal education of future lawyers at the university. Her legal training at the Higher Regional Court of Berlin (Germany) included working for the business division of the German Federal Foreign Office and for the public procurement law practice group of a large German law firm. Susanne Abraham gained her first prac- tical professional experience as a graduate in law in Moscow (Russia) and Tel Aviv (Israel). As a member of the legal department of a FinTech company, she dealt with issues such as financial market regulation, corporate compliance and how to esta- blish and finance a company. Susanne Abraham joined Luther’s Berlin office as a lawyer in September 2017 and works in Corporate/M&A. Area of practice Working with the Corporate team in Berlin, Susanne Abraham advises on all matters pertaining to corporate law, from the formation of a company to transactions, also including legal disputes. In particular, she advises foreign companies when establis- hing branches, shareholders and managing directors on disputes between a compa- ny’s boards or other bodies, and heads of department and managers on how to or- ganise a business in a legally compliant manner. 6 | Luther Rechtsanwaltsgesellschaft mbH
Your contacts in Berlin Marcus Bertz Lawyer, Dipl.-Verwaltungswirt (FH), Associate Berlin T +49 30 52133 21142 marcus.bertz@luther-lawfirm.com Marcus Bertz successfully completed a degree programme with alternating work and study periods at Deutsche Rentenversicherung Bund in 2010. He then studied law at Freie Universität Berlin (Germany). His subsequent legal training at the Higher Regional Court of Berlin included working at the German Federal Ministry of Justice and Consumer Protection and at the German Federal Constitutional Court, amongst others. Marcus Bertz joined Luther as a lawyer in 2019. Area of practice Marcus Bertz advises on all matters pertaining to individual and collective employ- ment law. This particularly includes dealing with questions arising in connection with the digitalisation of working environments. He further advises on company pension schemes, church employment law, and the law applicable to public employees who are subject to collective bargaining agreements. He additionally deals with all aspects of social security law and, among other things, assists clients in procedures to determine a person’s status for insurance purposes, in contribution procedures and in recourse proceedings. His services further include advising on the prospects of successfully proceeding against laws and judgements before the German Federal Constitutional Court. Mar- cus Bertz acts as a litigator before employment and social courts, civil courts and constitutional courts. Luther Rechtsanwaltsgesellschaft mbH | 7
Your contacts in Dusseldorf Dr Stefan Altenschmidt, LL.M. (Nottingham) Lawyer, Partner Dusseldorf T +49 211 5660 18737 stefan.altenschmidt@luther-lawfirm.com Dr Stefan Altenschmidt studied law and social science at Ruhr University in Bochum (Germany), where, in 2001, he was awarded a doctorate for his thesis on issues concerning the Regional Parliament of North Rhine-Westphalia. In 2002, he com- pleted a four-month traineeship in the legal department of the Scottish Parliament in Edinburgh. In 2006, he received his LL.M. in Environmental, Planning and Regula- tory Law from Nottingham Law School. From 2003 to 2011, he worked for Fresh- fields Bruckhaus Deringer in the practice area public business law, most recently as Counsel. In 2008, he was seconded for four months to the London office of Fresh- fields. Stefan Altenschmidt has been a Partner in Luther‘s Dusseldorf office since May 2011 and is responsible for the practice area Public Business Law. Area of practice Dr Stefan Altenschmidt specialises in Public Business Law. He advises companies and trade associations in particular on environmental and planning law, public ener- gy law, including energy tax law, mining law, space law, freedom of information law and climate protection and emissions trading law. He also appears on his clients’ behalf at national administrative and constitutional courts and at the European Court of Justice and defends them in administrative fine and criminal cases. Stefan Alten- schmidt is a frequent lecturer at professional conventions and regularly publishes articles relating to environmental and energy law issues, including as co-author of the commentaries on the German Renewable Energy Act, Water Resources Act and Federal Immission Control Act from the Berliner Kommentare series and of the emissions trading compendium Praxishandbuch Emissionshandel, and as the co- editor of the compendium Praxishandbuch Green Building. 8 | Luther Rechtsanwaltsgesellschaft mbH
Your contacts in Dusseldorf Prof. Dr Tobias Leidinger Lawyer, Certified Specialist in Administrative Law, Counsel Dusseldorf T +49 211 5660 25098 tobias.leidinger@luther-lawfirm.com Prof. Dr Tobias Leidinger studied law at the Universities of Freiburg i. Br., Münster and Speyer (all Germany). He worked for several years as a research assistant at the Institute of Public Business Law of the University of Münster. In 1992, he recei- ved his doctorate for a thesis on a topic regarding Special Administrative Law. He has worked as a lawyer since 1995 and as a certified specialist in administrative law since 1999: until 1998, as a lawyer at Kapellmann & Partner in Dusseldorf (Germa- ny), a law firm that specialised in private and public building law and legal project management; from 1998 to 2012, as an in-house lawyer in a leading position in the energy industry (DAX 30 company), in various functions and different locations in Germany and abroad, focusing on energy, plant, environmental and regulatory law; and from 2012 to 2015, as a lawyer in the Dusseldorf office of Gleiss Lutz. Prof. Leidinger joined Luther in 2015 and has since advised clients on public busi- ness, planning and environmental law. Prof. Leidinger is an honorary professor at the Bochum Ruhr University (RUB) and, at the same time, the Director of the RUB Institute of Mining and Energy Law. He has (co-)authored various books and published specialist papers (among others, Leidin- ger, “Energieanlagenrecht” (Energy Plant Law), 2007; co-author of a commentary on the German Environmental Impact Assessment Act (UVPG), Hoppe/Beckmann/ Kment (editors), 5th ed. 2018; co-author of “Praxishandbuch Netzplanung und Netz- ausbau“ (Practitioner’s Guide to Network Planning and Network Expansion), Pos- ser/Fassbender (editors), 2013; co-author of a commentary on the German Atomic Energy Act and Phasing Out Acts (“Atomrecht - Atomgesetz und Ausstiegsgeset- ze”), Frenz (editor), 2019). Area of practice In light of his special industry knowledge and many years of experience acting as an advisor in and to industrial undertakings, Prof. Dr Tobias Leidinger advises compa- nies on public business law issues regarding energy, industrial plant, environmental, nuclear power, planning and waste management law. His clients include companies from the energy and network industry, the chemical and nuclear power industries, the manufacturing industry and the waste management industry. Based on his we- alth of experience in connection with the implementation of large infrastructure pro- jects, he also acts as a legal project and process manager. Luther Rechtsanwaltsgesellschaft mbH | 9
Your contacts in Dusseldorf Denise Helling Lawyer, Senior Associate Dusseldorf T +49 211 5660 18737 denise.helling@luther-lawfirm.com Before starting university, Denise Helling spent a year at a high school in Arkansas (USA). From 2008 to 2014, she studied law at Georg August University in Göttingen (Germany), focussing on private and public business law. She additionally obtained a Bachelor’s degree in English philology. Denise Helling passed her first state law exam in 2014. She then carried out her legal training at the Higher Regional Court of Dusseldorf (Germany), which she successfully completed in 2016 with her second state law exam. As part of her legal training, Denise Helling worked for the public business law department of a renowned international business law firm in Dussel- dorf, for a law firm in New York (USA), and for the German Embassy in Bangkok (Thailand), amongst others. Denise Helling was admitted to the German Bar in 2017 and joined Luther the same year. Before starting her career as a lawyer, she already worked for Luther as a research assistant. Area of practice As a lawyer, Denise Helling advises companies on public business law, in particular, on matters pertaining to environmental law, climate protection and emissions trading law, and planning and regional planning law. 10 | Luther Rechtsanwaltsgesellschaft mbH
Your contacts in Dusseldorf Dr Juliane Hoss Lawyer, Associate Dusseldorf T +49 211 5660 26876 juliane.hoss@luther-lawfirm.com Juliane Hoss studied law at Heinrich Heine University in Dusseldorf (Germany). After passing her first state law exam, she carried out her legal training at the Regio- nal Court of Dusseldorf from 2016 to 2018, which also included training periods at the Ministry of Economic Affairs of North Rhine-Westphalia in the Department for Basic Issues of Foreign Trade and at the Federal Foreign Office in the Department for Climate and Environmental Foreign Policy. From 2018 to 2020, she worked as a research assistant at the Chair of Civil Law, Commercial and Economic Law of Prof. Dr Ulrich Noack, working at the same time on her doctoral thesis. Juliane Hoss was admitted to the German Bar in 2020 and joined Luther the same year. Area of practice Juliane Hoss advises companies on public business law, in particular, on matters pertaining to environmental law, climate protection and emissions trading law, and planning and regional planning law. Luther Rechtsanwaltsgesellschaft mbH | 11
Your contacts in Essen Henner-Matthias Puppel Lawyer, Certified Specialist in Public Procurement Law, Partner Essen T + 49 201 9220 24037 henner.puppel@luther-lawfirm.com Henner-M. Puppel studied law and philology at Ruhr University in Bochum (Germa- ny) and at the University of Salamanca (Spain). Before being admitted to the Ger- man Bar, he worked for Roland Berger Strategy Consultants and, as part of his legal training, specialised in matters concerning public business, public procurement and real estate business law at the German University of Administrative Sciences in Speyer (Germany). Henner-M. Puppel joined Luther in 2004 and heads the practice group Public Private Partnership. Area of practice Henner-M. Puppel mainly advises businesses and the public sector on the overall structuring and implementation of project developments and complex construction projects. This includes realising PPPs as well as other public procurement projects (including construction projects involving third-party advance financing and the sale of real property with building obligations) and any queries relating to public procure- ment and contractual law that may arise in this regard. He also provides advice du- ring the construction process, for example, regarding controlling the execution of the construction project, and helps clients draft and negotiate contracts relating to the construction of plants (power plants, renewable energy as well as industrial plants). 12 | Luther Rechtsanwaltsgesellschaft mbH
Your contacts in Essen Prof. Dr Herbert Willems Vorsitzender Richter am Oberverwaltungsgericht a. D., Lawyer, Honorary Professor, Partner Essen T +49 201 9220 24743 herbert.willems@luther-lawfirm.com Prof. Dr Herbert Willems studied history and law. After serving as a judge at the Ad- ministrative Court of Gelsenkirchen (Germany), he worked at the Higher Administra- tive Court of Münster (Germany) from 1985 to 2017, from 1994 on as presiding judge in various senates of appeal. Over a period of about 20 years, he additionally held further offices as a judge, including presiding the regional professional courts for architects, urban planners and engineers of the German state of North Rhine-West- phalia and presiding a senate of the regional professional court for healthcare pro- fessions and acting as the deputy presiding judge of the civil service court for judges at the Higher Regional Court of Hamm (Germany). In 2010, he was appointed Honorary Professor by the University of Münster. In ad- dition to lecturing at the University of Münster, most recently on “Administrative pro- cedural law for advanced students”, he gives “Professional jurisdiction” courses at the Dresden International University as part of the masters programme and also as part of a training course in medical law for lawyers wishing to become certified spe- cialists in this field. He lectures on municipal law and civil service law issues in continued education programmes for lawyers at the Hamm Bar Association. As chairman of a board of examiners responsible for the second state law exam at the Ministry of Justice of the German state of North Rhine-Westphalia, he also deals with the next generation of lawyers. Prof. Willems joined Luther in February 2018 and works at the Essen office. Area of practice At Luther, Prof. Dr Herbert Willems is responsible for public law issues. The range of his advisory services is determined above all by the areas in which he has an aca- demic interest and which he dealt with as a judge at the Higher Administrative Court of Münster over a period of more than 30 years. This includes, among other things, municipal law, university law, the law governing other public-law corporations, nota- bly the associations, the professional law of the liberal professions, in particular, physicians, dentists, veterinarians, dispensing chemists and psychotherapists, pro- cedural law, the legal relations of the German civil service, and constitutional law, including electoral law and state organisation law. Luther Rechtsanwaltsgesellschaft mbH | 13
Your contacts in Essen Nils Kramer Lawyer, Associate Essen T +49 201 9220 24625 nils.kramer@luther-lawfirm.com Nils Kramer studied law at the University of Hamburg (Germany), with an emphasis on economic administrative law, planning law and environmental law. He carried out his legal training at the Higher Regional Court of Celle (Germany), which also inclu- ded working for an international business law firm in the area of real estate law. Nils Kramer joined Luther in 2018. Area of practice Nils Kramer mainly advises on matters pertaining to real estate law. This includes providing public and private building law advice. 14 | Luther Rechtsanwaltsgesellschaft mbH
Your contact in Hamburg Dr Gernot-Rüdiger Engel Lawyer, Partner Hamburg T +49 40 18067 16639 gernot.engel@luther-lawfirm.com Dr Gernot-Rüdiger Engel studied law and international business management in Göttingen (Germany). He obtained his doctorate under the supervision of Prof. Peine for a thesis on European environmental law. He has worked for Luther since 2004 and was based in Luther’s Berlin office until 2008. Gernot-Rüdiger Engel is the co-editor of “Zeitschrift für Immissionsschutzrecht und Emissionshandel - I + E”, a German magazine on immission control law and emissi- ons trading, and of “Berliner Kommentar zum UIG”, a legal commentary on the Ger- man Environmental Information Act (UIG), as well as author of the “Corporate Com- pliance Checklists”. In addition, he is a founding member and a member of the supervisory board of the German association “Industrie.Zukunft.Deutschland e.V. (IZD)” and one of the founders and vice chairman of the board of the German foun- dation “Stiftung Treibshausgasneutralität (STN)”. He is also a lecturer on environ- mental and energy law (Berlin School of Economics and Law). Area of practice Dr Gernot-Rüdiger Engel specialises in national, European and international climate law (climate protection laws, climate actions, emissions trading and German Rene- wable Energy Act (EEG)), environmental law with all its aspects (immission control law, water and waste law), information access law (German Freedom of Information Act (IFG), German Environmental Information Act (UIG) and transparency laws) and “environmental compliance”. His advice is solution-oriented, entrepreneurial and fu- ture-oriented. The latter is also the reason why he advises on all legal issues relating to the use of drones and why he is a member of the relevant working group of the German Federal Ministry of Transport. During the coronavirus crisis, he has protected the production and supply chains of systemically relevant national and international clients against closure orders under infection control law. He has been instructed to act on behalf of listed companies as well as owner-ma- naged and medium-sized companies from the chemical industry, energy supply, wood-based materials industry, ceramic industry, paper, cardboard and board in- dustry, thermal waste treatment plants and numerous associations. Gernot-Rüdiger Engel regularly publishes on current topics and gives lectures on current environmental law issues. Luther Rechtsanwaltsgesellschaft mbH | 15
Your contacts in Hannover Dr Thomas Gohrke Lawyer, Certified Specialist in Administrative Law, Partner Hanover T +49 511 5458 0 thomas.gohrke@luther-lawfirm.com Dr Thomas Gohrke studied law at the University of Leipzig (Germany) from 1991 to 1996, where he was also awarded his doctorate in 2000. He was admitted to the German Bar in 1998 and has worked for Luther (or its respective predecessor) as a lawyer since 1999, since 2003 also as a certified specialist in administrative law. Thomas Gohrke is based in Luther‘s Leipzig and Hanover offices, but provides ad- visory services throughout Germany. Area of practice The focus of Dr Thomas Gohrke’s advisory services is on real estate law (project development, transactions) and European, administrative and public procurement law in the highly regulated health care and gambling sectors. His clients include public sector clients and private companies operating in regulated industries or in the real estate sector. Thomas Gohrke is also the author of several textbooks and various professional publications and is responsible for coordinating the practice area Real Estate & Infrastructure at Luther. 16 | Luther Rechtsanwaltsgesellschaft mbH
Your contacts in Hannover Dr Franziska Klaß-Dingeldey, MLE Lawyer, Certified Specialist in Public Procurement Law, Senior Associate Hanover T +49 511 5458 20231 franziska.klass@luther-lawfirm.com Franziska Klaß-Dingeldey studied law and European legal practice at Leibniz Uni- versity in Hanover (Germany) and at the University of Nottingham (England). Her legal training, carried out at the Higher Regional Court of Celle (Germany), included working for Luther’s Hanover office, the Ministry of the Interior of the State of Lower Saxony (Germany), and the German Embassy in Switzerland. Franziska Klaß-Dingeldey worked for the department of public law and administrati- ve sciences at the Hanover Leibniz University, from which she also earned her doc- torate for a thesis on a civil-service and European law topic. Franziska Klaß-Dingeldey has been a visiting lecturer at Leibniz University in Hano- ver since 2016. She was admitted to the German Bar in 2015 and has worked for Luther ever since. Area of practice Franziska Klaß-Dingeldey advises on public procurement, public business and mu- nicipal law, with an emphasis on the business activities of municipalities and, in particular, public undertakings. She is also the author of commentaries on the rele- vant sections of the Municipal Constitutional Act of the State of Lower Saxony. Luther Rechtsanwaltsgesellschaft mbH | 17
Your contact in Cologne Rolf Corsten Lawyer, Dipl.-Verwaltungswirt (FH), Of Counsel Dusseldorf T +49 211 5660 25031 rolf.corsten@luther-lawfirm.com Rolf Corsten first successfully completed training in administration and then, from 1981 to 1984, studied law at the University of Cologne (Germany). After passing his second state law exam, he worked as a head of section (Referent) in the finance department of the Association of German Cities (Deutscher Städtetag) in Cologne. From 1990 to 2014, he was the First Deputy (Erster Beigeordneter) and City Treasu- rer of the City of Viersen (Germany). Rolf Corsten was admitted to the German Bar in 2014 and has worked for Luther since then. Area of practice Rolf Corsten specialises in advising on how to structure or restructure shares and interests held by the public sector under corporate law, as well as on public business law, in particular, municipal tax and budget law and concession law. He also has many years of professional experience, including as a head of legal department and as the managing director of a municipal real estate company. 18 | Luther Rechtsanwaltsgesellschaft mbH
Your contacts in Leipzig Dr Thomas Gohrke Lawyer, Certified Specialist in Administrative Law, Partner Leipzig T +49 341 5299 0 thomas.gohrke@luther-lawfirm.com Dr Thomas Gohrke studied law at the University of Leipzig (Germany) from 1991 to 1996, where he was also awarded his doctorate in 2000. He was admitted to the German Bar in 1998 and has worked for Luther (or its respective predecessor) as a lawyer since 1999, since 2003 also as a certified specialist in administrative law. Thomas Gohrke is based in Luther‘s Leipzig and Hanover offices, but provides ad- visory services throughout Germany. Area of practice The focus of Dr Thomas Gohrke’s advisory services is on real estate law (project development, transactions) and European, administrative and public procurement law in the highly regulated health care and gambling sectors. His clients include public sector clients and private companies operating in regulated industries or in the real estate sector. Thomas Gohrke is also the author of several textbooks and various professional publications and is responsible for coordinating the practice area Real Estate & Infrastructure at Luther. Luther Rechtsanwaltsgesellschaft mbH | 19
Your contacts in Leipzig Dr Barbara Schmidt Lawyer, Partner Leipzig T +49 341 5299 0 barbara.schmidt@luther-lawfirm.com After studying law and completing her legal training, including an internship in Chi- cago (USA), Dr Barbara Schmidt received a doctorate in international law from the University of Würzburg (Germany). She joined Luther’s predecessor firm in 1999. Area of practice Dr Barbara Schmidt provides advice on real estate law, especially to the public sec- tor and to public sector undertakings. In addition to her ongoing advisory work, this includes providing support with comprehensive real estate projects, also during the tender procedure and during reorganisation and restructuring. She also advises on transactions, in particular in the real estate area, as well as on legal issues relating to liability, compensation and insurance law. 20 | Luther Rechtsanwaltsgesellschaft mbH
Your contacts in Leipzig Dr Sabrina Desens Lawyer, Certified Specialist in Administrative Law, Senior Associate Leipzig T +49 341 5299 24850 sabrina.desens@luther-lawfirm.com After spending a year in the USA, Sabrina Desens studied law in Münster (Germany) and subsequently went on to obtain her doctorate from the University of Münster. She then carried out her legal training, which included training periods at the Federal Ministry for the Environment in Berlin (Germany) and at an international business law firm in Dusseldorf (Germany). From 2009 on, she was head of the Freiherr-vom- Stein Institute, the academic research centre of the Association of North-Rhine Westphalian Districts (Landkreistag NRW), and continued to hold a teaching positi- on at the University of Münster until 2015. Sabrina Desens has worked as a lawyer in Leipzig (Germany) since 2012; she joined Luther in November 2014. Area of practice Sabrina Desens advises both the public sector and industrial enterprises on all mat- ters pertaining to public law, in particular, environmental and fiscal law. She especially focuses on the area of wastewater and advises the operators of in- dustrial and municipal sewage and wastewater treatment plants and also industrial enterprises on all location-related questions of law, including fiscal issues. Her in- depth knowledge of the industry and excellent network of contacts regularly allow her to find good and sustainable solutions for her clients. Her legal advisory services further include assisting with approval procedures under building and immission control law for industrial plants and power stations. In addi- tion, she supports international chemicals producers when it comes to setting up locations in Germany, including advising them on related public-law issues (licen- sing, subsidies, etc.) and helping them deal with public authorities. Sabrina Desens is experienced in litigating before administrative courts. She is an author and lecturer on topics related to water and fiscal law, amongst other things. In The Legal 500 (2020), she has been mentioned as a “Rising Star” in the category of environmental and planning law. Luther Rechtsanwaltsgesellschaft mbH | 21
Your contacts in Leipzig Dr Markus Nagel, LL.M. oec. Lawyer, Certified Specialist in Administrative Law, Senior Associate Leipzig T +49 341 5299 0 markus.nagel@luther-lawfirm.com Dr Markus Nagel studied law in Halle an der Saale (Germany). After finishing his degree, he completed a complementary degree in economic law entitled „Legum magister in oeconomicis“ (LL.M.oec.) and received his doctorate from Martin Luther University in Halle-Wittenberg (Germany), specialising in international private law. Markus Nagel joined Luther in 2006. Area of practice Dr Markus Nagel focuses on public law, in particular, public business law and regu- lated industries. As a certified specialist in administrative law, he mainly provides advice on public building law and, in the context of privatisation and PPP projects, on matters relating to municipal business law, public procurement and European law. His areas of expertise further include state aid and subsidy law, university law (especially in the field of medicine) and gaming law. 22 | Luther Rechtsanwaltsgesellschaft mbH
Your contact in Munich Dr Joachim Reichenberger, LL.M., EMBA (Washington D.C) Lawyer, Tax Advisor, Dipl.-Verwaltungswirt (FH), Graduate in Business Law, Counsel Munich T +49 89 23714 11136 joachim.reichenberger@luther-lawfirm.com After graduating from the University of Applied Sciences (FHVR) in Wasserburg (Germany), having been awarded a degree in public administration (Diplom-Verwal- tungswirt (FH)), Dr Joachim Reichenberger studied law in Bayreuth (Germany) whilst working as a civil servant for the German Statutory Pension Insurance Scheme. In Bayreuth, he additionally graduated in business law (Wirtschaftsjurist (Univ. Bay- reuth)). After completing his legal training, which included training periods at Clifford Chance and Latham&Watkins, Joachim Reichenberger worked as a lawyer for Flick Gocke Schaumburg in Bonn (Germany) until the end of 2019. His doctoral thesis on a tax law topic dealt with the taxation of professional athletes under national and in- ternational tax law. Joachim Reichenberger has additionally earned an LL.M. degree, again in the area of tax. In early 2020, he successfully completed his Executive-MBA programme in Washington D.C. (USA). In June 2020, he qualified as a German tax advisor. Area of practice Dr Joachim Reichenberger advises on all aspects of national and international tax law, as well as on company social security and company pension schemes. In the area of tax law, he focuses on advising high-net-worth individuals (HNWIs), in parti- cular professional athletes. In addition, he focuses on providing tax and social secu- rity law advice when it comes to carrying out socially acceptable staff cuts, in which context he advises companies on the optimisation and subsequent implementation of social compensation plans. Joachim Reichenberger is also a lecturer at Steuer-Fachschule Dr. Endriss, a spe- cial tax school. Luther Rechtsanwaltsgesellschaft mbH | 23
Your contact in Stuttgart Sandra Schüle-Bausch Lawyer, Associate Stuttgart T +49 711 9338 15309 sandra.schuele-bausch@luther-lawfirm.com Sandra Schüle-Bausch studied law at the University of Tübingen (Germany) and during her studies worked as a research assistant to Prof. Dr Jochen von Bernstorff, LL.M, holder of the Chair of Constitutional Law, Public International Law, Constitu- tional Theory and Human Rights Law. She carried out her legal training at the Re- gional Court of Tübingen from 2013 to 2015, followed by a period of training at an international corporate law firm in London (England). Sandra Schüle-Bausch joined Luther at the end of 2019. In addition to working as a lawyer, she lectures the busi- ness law course at the Nürtingen Geislingen University (HfWU) (Germany). Area of practice Sandra Schüle-Bausch primarily advises on all matters pertaining to commercial and distribution law and dispute resolution, in and out of court. 24 | Luther Rechtsanwaltsgesellschaft mbH
Hits the mark. Luther. Luther Rechtsanwaltsgesellschaft mbH is one of the leading corporate law firms in Germany. With some 420 lawyers and tax advisors, we can advise you in all fields of German and international corporate law. In addition to having offices in every eco- nomic centre throughout Germany, we are also present in ten locations abroad: in Brussels, London and Luxembourg in Europe, and in Bangkok, Delhi-Gurugram, Jakarta, Kuala Lumpur, Shanghai, Singapore and Yangon in Asia. Our advisory services are tailored to our clients’ corporate goals. We take a creative, dedicated approach to achieving the best possible economic outcome for each of our clients. The name “Luther” stands for expertise and commitment. With a passion for our profession, we dedicate all our efforts to solving your issues, always providing the best possible solution for our clients. Not too much and not too little – we always hit the mark. We know how crucial it is to use resources efficiently and to plan ahead. We always have an eye on the economic impact of our advice. This is true in the case of strategic consulting as well as in legal disputes. We have complex projects on our agenda every day. At Luther, experienced and highly specialised advisors cooperate closely in order to offer our clients the best possible service. Thanks to our fast and efficient communication, permanent availability and flexibility, we are there for you whenever you need us. Luther won the JUVE Award ‘Law Firm of the Year 2019’. About us Lawyers and Locations Long-standing Offices in international tax advisors connections to commercial financial centres and law firms worldwide investment locations 420 20 Luther Rechtsanwaltsgesellschaft mbH | 25
Our locations We have a global outlook, with offices in ten key economic and financial centres in Europe and Asia. We also maintain close relationships with leading corporate law firms worldwide. This way, we ensure a seamless service for our clients throughout their demanding international projects. In continental Europe, Luther is part of a group of independent law firms, each one a leader in its own country, that have been cooperating regularly on international mandates for many years. Our partner firms are based in Africa, Australia and New Zealand, Europe, Israel, Japan and Korea, the Middle East, Russia and the CIS, South and Central America, the US and Canada. Luther locations Best friends Our locations Bangkok Jakarta Berlin Kuala Lumpur Brussels Leipzig Cologne London Delhi-Gurugram Luxembourg Dusseldorf Munich Essen Shanghai Frankfurt a.M. Singapore Hamburg Stuttgart Hanover Yangon 26 | Luther Rechtsanwaltsgesellschaft mbH
Our industries Our lawyers and tax advisors focus on Energy advising clients from five industries. Hits the mark. Conventional or renewable energies: We work efficiently and sustainably. Health Care & Information Tech & Life Science Telecommunications With our expertise, we have our finger on the pulse of time. We connect today with tomorrow. Mobility & Real Estate & Logistics Infrastructure We understand what gets you moving and can set you on the We lay the foundation for you to build on. right course. Luther Rechtsanwaltsgesellschaft mbH | 27
Our practice areas Antitrust Law Capital Markets & Commercial & Complex Disputes Banking Distribution Law, Product Liability/ Product Compliance Compliance & Corporate/M&A Data Protection Law Employment Law Internal Investigations Energy Law Environment & Financial Services IP & Copyright Law Planning Law, Regulatory IT Law Insurance Law International Notarial Services Trade Law Public Public Subsidies/ Real Estate Restructuring & Procurement Law State Aid Law Insolvency State, Administration, Tax Law White-Collar Crime & Public Undertakings Tax Offences 28 | Luther Rechtsanwaltsgesellschaft mbH
Our awards JUVE In the 2020/2021 JUVE Guide to Commercial Law Firms, 45 lawyers from Luther were recommended, and nine of these were also listed as “leading advisors”. The legal publisher JUVE published rankings for a total of 28 areas of law. In 2019, Luther was named “Law Firm of the Year 2019” by JUVE and, in addition, was nominated for the JUVE awards “Law Firm of the Year for Mergers & Acquisitions” and “Law Firm of the Year for Dispute Resolution”. In the past, Luther has already won “Law Firm of the Year 2017 for Environ- mental and Regulatory Law”, “Law Firm of the Year 2015 for Distribution/Trade/Logistics”, “Law Firm of the Year 2014” in the categories of “Energy Law”, “Regulated Industries” and “Private Sector Building Law” (Germany), and in 2011 “Law Firm of the Year for Distribution Systems”. The Legal 500 “The Legal 500 Germany 2021” recommends 71 lawyers from Luther, of which 10 lawyers have received special recognition and were named as “Leading Names”, “Names of the Next Generation” or “Rising Stars”. Additionally, a total of 28 practice areas were ranked. In 2020, 68 attorneys were nominated to Legal 500, six of whom were named as leaders. Chambers In 2020 Luther received awards from Chambers in Germany in twelve practice areas: Commercial Contracts (band 2), Corporate/M&A: Mid-Market (band 2), Dispute Resolution (band 5), Employment (band 3), Energy (band 3), Projects: Construction (band 4), Public Law (band 4), Public Law: Planning and Environment (band 3), Public Law: Public Procurement/PPP (band 4), TMT: Information Technology (band 4), as well as in Lux- embourg in Corporate/M&A (band 4) and Dispute Resolution (band 3). In addition, 18 partners were ranked by Chambers Europe in 2020, six of whom were also included in the rankings in Chambers Global. Kanzleimonitor Luther is one of the ten most frequently recommended law firms in Germany according to the German survey of law firms “Kanzleimonitor 2020/2021”. Luther ranks 6th in terms of its range of legal services, with 22 (out of 32) areas of laws. Luther achieved top 5 rankings in employment law (2nd place), corporate law (3rd place) and energy law (4th place). A total of 13 Luther lawyers were recommended by in-house lawyers. “Best Lawyers in Germany 2021” For the year 2021, 81 of Luther’s partners have been recommended as “Best Lawyers in Germany 2021”, an award presented by the US publisher “Best Lawyers” in cooperation with the German Handelsblatt. Dr Martin Fleckenstein has been awarded “Lawyer of the Year” in “Land Use and Zoning Law”. WHO’S WHO LEGAL 18 of Luther’s partners are listed in WHO’S WHO LEGAL in 2021, four of whom were recognised as Thought Leaders, three as a Future Leader and one as a Global Leader. Global Arbitration Review In 2019, the English legal journal “Global Arbitration Review included Luther for the eighth time in a row in its “GAR 100”, a list of law firms specialising in arbitration law assessed by the journal throughout the world. Luther Rechtsanwaltsgesellschaft mbH | 29
Luther.Digital The digital revolution is well under way. In a highly competitive market where new business models are always being developed and existing processes are continually being challenged, multinational groups, well-established medium- sized businesses and small start-ups are all looking for the best possible ways to position themselves in this environ- ment. In order to do this, they do not just call existing business models into question, but also create completely new, innovative forms of cooperation. This revolution is being driven by numerous recent technological developments, such as cloud computing, digital platforms, Big Data and artificial intelligence, the Internet of Things and blockchain technology. Protecting Intellectual Artificial Intelligence & Luther.Digital supports and advises comprehensively on Property Big Data all legal areas relating to digital business models, agile architectures and technical levers as well as the neces- sary transformation processes in the company. From the realignment of value chains to commercial and distribu- tion law aspects, employment law, IT and data protection topics up to and including digital compliance and anti- trust law. Digital Infrastructure Digital Value Chains Luther.Digital supports you in all the phases of upcoming transformation projects – from strategic dialogue to LegalTech solutions and the subsequent change process. Blockchain & FinTech Data Protection & Future Work Legal Operations Compliance Digital Legal Services Digital Media & Gaming Platforms & Start-ups & Communities Venture Capital 30 | Luther Rechtsanwaltsgesellschaft mbH
Luther Rechtsanwaltsgesellschaft mbH Anna-Schneider-Steig 22 50678 Cologne, Germany Telephone +49 221 9937 0 Telefax +49 221 9937 110 contact@luther-lawfirm.com For reasons of better legibility, the simultaneous use of gender-specific language forms is dispensed with. Corresponding terms apply in principle to all genders in the sense of equal treatment. The abbreviated form of language has editorial reasons and does not imply any valuation. Stand: January 2021 Luther Rechtsanwaltsgesellschaft mbH | 31
Bangkok, Berlin, Brussels, Cologne, Delhi-Gurugram, Dusseldorf, Essen, Frankfurt a.M., Hamburg, Hanover, Kuala Lumpur, Jakarta, Leipzig, London, Luxembourg, Munich, Shanghai, Singapore, Stuttgart, Yangon You can find further information at: www.luther-lawfirm.com www.luther-services.com Legal and Tax Advice | www.luther-lawfirm.com
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