Public commercial law
In our practice, public law predominantly concerns public commercial law. After all, commercial activities are not only subject to regulations and permit requirements under building or environmental law. Sector-specific frameworks on which we regularly advise draw, for instance, on the German Public Transportation Act (Personenbeförderungsgesetz) and the General Railways Act (Allgemeines Eisenbahngesetz) in the transport sector, the requirements relating to product security and product liability for the manufacturing industry and the multitude of legal provisions in the field of healthcare.
Government support and subsidies for commercial activities have traditionally formed a core topic for many of our clients. We advise on the EU ban on state aid, with the aim, for instance, of avoiding the risk of legal transactions being rendered void, of the European Commission intervening or of competitor claims being raised. Our close integration with the public procurement team is particularly valuable when issues such as the risk of state aid being recalled due to breaches of public procurement law are at stake. The ban on state aid can also require that competitive bidding procedures are executed which, although they are not subject to public procurement law, can benefit from our legal expertise in this field, as can questions relating to the granting of concessions in the energy sector.
Recent political developments have brought foreign trade law increasingly back into the spotlight. We can advise on the latest sanctions and can draw on our global network to respond to related questions in other jurisdictions, such as US Secondary Sanctions, which are also important for German and European companies. We support foreign investors in investment review procedures in line with the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung).
Our clients benefit from the fact that we work closely with other practice groups. We also advise on specific constitutional questions which, for instance, are related to the requirements under collective employment law or the provisions governing working on Sundays and bank holidays under the German Working Hours Act (Arbeitszeitgesetz).
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News and insights
Publications: 29 March 2023
Wind of Change: The challenges presented by end-of-life wind farms
In recent years, both European and German legislators have been promoting the expansion of renewable energy both by creating a favourable legal environment and by facilitating public funding of…
News: 28 March 2023
Allen & Overy advises on IHO Verwaltung’s EUR 500 million Sustainability-Linked Senior Secured PIK Toggle Notes
Allen & Overy advised IHO Verwaltungs GmbH (IHO Verwaltung) in connection with the placement of EUR 500 million in principal amount of its Sustainability-Linked Senior Secured PIK Toggle Notes due…
News: 24 March 2023
Allen & Overy advises TUI AG on EUR 1.8 bn capital increase
Allen & Overy is advising TUI AG ("TUI") in connection with a capital increase with subscription rights from the Authorised Capital 2022/I and Authorised Capital 2022/II to raise gross proceeds of EUR…
News: 24 March 2023
Allen & Overy advises consortium on investing in 960 MW offshore wind farm "He Dreiht"
Allen & Overy has advised a consortium of infrastructure investors consisting of Allianz Capital Partners, AIP Management and Norges Bank Investment Management on the acquisition of a 49.9% stake in…