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The German economy is heavily regulated. For this reason we specialise
in administrative law.
While construction law and planning law
originally formed the core of our public law work, today we offer
advice and representation in almost all areas of administrative law.
That includes public construction and national heritage law, town
planning law, environmental law and the law on the awarding of
contracts. We are also familiar with the law relating to public
subsidies, the pharmaceutical and antitrust law. The lawyers in our
administrative law department are widely published and give lectures.
Public construction, planning and national heritage law
We deal with all matters in public construction law in the widest sense of the term. Dr. Gerhard Michael was included in the 2000 FOCUS List as one of the recommended public construction lawyers in Brandenburg.
We clarify whether construction law applies to a project or how a
building site might be found. We advise investors from Germany and
abroad on the drawing up of building plans. Where necessary, we
represent building contractors before the administrative courts
throughout Germany.
We are involved in large projects, and the building of housing estates
and single properties throughout Germany. We advise in respect of
building plans and defend our clients' planning rights against third
party claims. We assist clients where buildings are to be erected and
where planning permission is sought for an airport, a new street or an
infra-structural measure. Our lawyers have been involved in important
projects such as the defence of planning permission for the first
German factory outlet centre in Wustermark near Berlin.
The law on the awarding of contracts
The law on awarding of contracts has been brought into the public eye
by extraordinary cases such as that of the awarding of the contract for
the privatisation of Schönefeld Airport in Berlin. Legal risks are not
confined to large-scale projects; they also arise in connection with
the construction of a new street or the award of an architectural
contract.
Dr. Ulrich Becker advises and
represents businesses regarding the law on the awarding of contracts.
In cases where contractors wish to delay or partially repeat the
procedure, speed is necessary since the law entails strict time limits
for the making of a successful claim in the relevant court
(Vergabekammer).
Town planning law
In Germany, large building projects, such as airports, shopping centres
or a new housing estate require planning permission. To the extent,
however, that town planning law affects individual citizens only
indirectly, it has a marginal role in German society.
Our lawyers have come to know this area of the law through years of
experience. Dr. Gerhard Michael worked on the town planning work for
the building of an international airport in Germany. In addition
thereto, he advises investors from Germany and abroad on the town
planning aspects of retail and housing estate building.
Environmental law
A thorough knowledge of environmental law is required if one is to give
good and comprehensive legal advice in Germany. Amongst our lawyers
number former assistants with the well-known German Institute for
Environmental and Technical Law at the University of Trier, founding
members of environmental law research centres and doctors of
environmental law.
We advise in all areas of environmental law traditionally defined
(dangerous waste, water and emissions law) and in situations where
environmental feasibility tests require to be carried out. Nowadays it
is possible to represent building contractors and thereby to remain
environmentally aware. The interests of investors no longer tend to
conflict with those of the environment. Forward-looking real estate
agents recognised that in Germany their plans will only be accepted and
successful if they take account of ecological concerns.
We also advise Federal and Federal State authorities with the drafting
of documents and legislation. For example, Dr. Gerhard Michael advised
the state of Saxony regarding the implementation of a European
Directive on environmental impact assessment into state law.
Law governing the manufacture and prescription of drugs
We advise our clients about the legitimacy of certain drugs in Germany
and in cases where they devise or carry out clinical studies. We give
opinions and represent businesses before the German regulatory
authorities with regards to gene technology or the law relating to
medicine advertising. We deal with the law of patents in order to
secure protection of our client's intellectual property rights.
The law relating to subsidies
The federal government of Germany, the governments of the German states
and the European Union encourage economic activity in various ways.
This can raise any number of legal issues, be it the refusal of
economic support, opposition from the European Commission to
sponsorship, or the termination of support and the demand than moneys
be repaid.
The existence of a right to support on the basis of equal rights often
requires to be established when necessary before the court as the
application is being made.
Where the provider of the subsidy requires that the applicant fulfils
particular legal conditions of, for example, an awarding of contract,
environmental or employment law nature, then different lawyers from our
firm with the relevant expertise work together as a team. This is also
the case where subsidies have to be repaid.
Anti-trust law
We deal with anti-trust law in our public law department, since the
areas of competition law in which we work are part of economic
administrative law.
Our lawyers have advised businesses in matters of European anti-trust
law. Dr. Gerhard Michael gave evidence on the Automobile Group
Exemption Regulation (KFZ-Gruppenfreistellungsverordnung) as an expert
witness before the Reporter to the European Parliament.
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